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If you find yourself caring for another person and you both feel that you should be able to take control of their affairs if necessary, you could suggest that they give you a "Lasting power of attorney - property and affairs" and a "Lasting power of attorney - personal welfare." If they agree, you could then be legally responsible for dealing with their financial affairs as well as making decisions about their personal welfare. Without these documents, you will not automatically have the right to manage his/her affairs, even though you are acting as a carer. You cannot, under any circumstances, force the person you care for to sign a lasting power of attorney. They must willingly sign a power of attorney and must be of sound mind to undertake a power of attorney; otherwise the LPA will be ruled invalid.
See the ’Lasting power of attorney’ section of our ‘Objecting to registration’ article.
There may be a natural reluctance to pass over the control of their affairs. You could ease his/her mind by sharing with them the leaflets from the Office of the Public Guardian, such as Who decides when you can't? 
. For anyone who might have trouble understanding that leaflet, there is an Easy read guide which uses examples and simplified explanations .
If the person you care for is unable to draw up an LPA (this may be because they do not have the mental capacity to do so), you can apply to the Court of Protection to have them consider you to become a deputy. The basic definition of a deputy is a person appointed by the Court of Protection with ongoing legal authority to make decisions on behalf of another person who lacks capacity. For further information, see ‘What is a deputy?’.
In most cases, you will want to make decisions on an informal basis, rather than applying to the Court. Where there is disagreement, you should always remember that under the Mental Capacity Act, a person should be assumed to have capacity to make their own decisions unless it can be shown that they lack capacity. This means that even if you do not agree with the decision the person you care for has made, you must allow them to make that decision, unless it can be shown that they lack capacity to make that decision. You can, however, try to persuade the person you care for to see your point of view.
The Mental Capacity Act came into full force on 1 October 2007. The Act outlines what responsibilities you have towards the person you care for and the Code of Practice which carers must follow. You should read the guidance published by the Office of the Public Guardian to learn about your responsibilities under the Act. Their guidance can be accessed with the following link (opens a PDF): Making decisions: A guide for family, friends and other unpaid carers
For more information, see our ‘What is mental capacity?’ section.
Court of Protection
Archway Tower
2 Junction Road
London N19 5SZ
Phone Number: 0845 330 2900
Fax Number: 020 7664 7705
Website:
You can download helpful resources from HM Court services . (Select 'Court of Protection' from the drop down menu under 'Work Type' for a list of their forms/guidance booklets.)
You can also contact the Office of the Public Guardian which will refer you on to the Court of Protection.
Office of the Public Guardian
PO Box 15118
Birmingham
B16 6GX
Phone Number: 0845 330 2900
Fax Number: 020 7664 7551
Email: customerservices@publicguardian.gsi.gov.uk
Telephone: 0300 456 0300 Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)
Textphone: 020 7664 7755 (If you have speech or hearing difficulties and have access to a textphone)
Fax: 0870 739 5780
International Calls: +44 20 7664 7000
International Faxes: +44 7664 7551
Website: Public Guardian
Email: customerservices@publicguardian.gsi.gov.uk
