GN13-24 Powers of Attorney and Mental Incapacity

This Guidance Note covers legal issues around mental incapacity, including the process of making and using powers of attorney.

It begins with an overview of what is meant by the term ‘mental incapacity’. It then covers the different types of power of attorney that a person may make, or may have made, to appoint another person to act on their behalf. There is advice on what to think about when making a Lasting Power of Attorney. It then describes the role of the Court of Protection, including in granting a deputyship for someone who lacks mental capacity to make a decision but does not have either an enduring or a lasting power of attorney. Finally, it covers some guidance for those who are acting as an attorney.