A potential opportunity has arisen for charities to have a greater role in legal services for those who have lost mental capacity. But is the Office of the Public Guardians simply trying to cut costs, or does it see the value of not-for-profit organisations acting as professional deputies? Nick Mendoza, solicitor at Howard Kennedy, discusses.

Normally, anyone who has lost mental capacity will have their affairs managed by attorneys chosen by them. However, each year the Court of Protection appoints large numbers of deputies, whose job it is to manage the affairs of those people who lack capacity and have failed to appoint an attorney. Statistics released by the Ministry of Justice show that in 2010 a total of 11,944 deputies were appointed.