If someone loses the mental capacity to manage their own financial affairs and a Power of Attorney is in place, the appointed attorneys will be able to manage things as planned.
However, if a Power of Attorney is not in place, an application needs to be made to the Court of Protection under the Mental Capacity Act 2005 to appoint a Property and Affairs Deputy.
Once appointed, the deputy is responsible for managing the person’s financial affairs and is subject to supervision by the Office of the Public Guardian (OPG). Since December 2014, the OPG is undertaking closer supervision of deputies, whose duties are likely to include:
Sometimes there is no-one suitable or willing to take on the role of deputy, which is a big responsibility and not always something that a family member feels able to do for various reasons.
The partners at Lanyon Bowdler have years of experience of acting as deputies in all sorts of cases involving the Court of Protection. We act in a wide variety of cases, from looking after the affairs of those who have sustained a traumatic brain injury, to older people in care, as well as the very young, who may have acquired a brain injury at birth.
We are specialists in Court of Protection law and understand that cases can be highly sensitive and sometimes distressing for everyone involved. Our approachable, friendly approach means we are there for our clients not only during the legal process but for life.
Please give us a call for a friendly, confidential, chat about how our court of protection solicitors can help. There is no obligation or charge for our initial assessment. Please contact a member of the team or complete our online enquiry form on the righthand side of this page.
By choosing Lanyon Bowdler as your legal partner, you can rest assured that you have the best legal expertise on hand to help if you require judgement by the Court of Protection. We are committed to providing exceptional levels of client care and will work closely with you and tirelessly to ensure the best outcomes no matter what you face. Our team have great experience in all Court of Protection matters including where Personal Injury Trusts are set up following settlements of serious injury claims, including brain injury claims
We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands and Birmingham. As a leading UK full-service law firm, we can represent you wherever you live in the UK.
For more information and advice, please call Neil Davies, Head of Court of Protection, or a member of the team.