In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...
A deputy will normally be a relative or close friend of an individual who lacks capacity. However, in some cases it may be more appropriate for a professional, such a Solicitor, to be appointed for example, where an individual does not have any family of their own or where there is a conflict of interests.
You can apply to be appointed as a deputy if you are over the age of 18 and you are happy to consent to the appointment. Where you are applying to be appointed as a property and financial affairs deputy it is advisable for you to have the skills which you will require to be able to make financial decisions on behalf of the individual who lacks capacity.
The Court of Protection are able to appoint two or more deputies to act for the same person. The Court will determine whether the deputies should act jointly or jointly and severally. If appointed jointly the deputies will need to act together and all deputies will have to agree on any decisions that are made. If appointed jointly and severally deputies will be able to make decisions together but also on their own.
If you are considering taking on the role of Deputy for an individual who lacks capacity and would like to discuss this in more detail then contact one of our specialist Court of Protection advisors today. Call us on 020 8301 7777 or email us on info@tgbaynes.com