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.
If there is a dispute in the family about who should become Deputy, or if nobody is willing or suitable to act as Deputy, then an independent Professional Deputy may be designated.
Likewise, should it be necessary to put a substantial care package in place or if there is a large estate to manage, then it would be more suitable for an experienced professional to be appointed.
Get in touch with us today and speak to one of our expert solicitors. We will advise you on the best way we can serve as a Professional Deputy.
At Lanyon Bowdler Solicitors, we have a specialist team of experts managing the daily affairs of a number of clients.
Some of the arrangements our team take care of include:
Handling Court of Protection applications
Employing care staff
Managing insurance policies
Managing benefits applications and payments
Managing all financial commitments including mortgage, utility bills and tax
Ensuring a Will is in place
The purchase and sale of property and other assets
Safeguarding and making best use of any compensation which may have been awarded
Allocation of monthly allowance
Handling the adaptation of a house to accommodate for any specific needs
Liaising with experts and making decisions regarding investments and pensions
The level of involvement a Professional Deputy has in the client’s life depends on the unique circumstances of each person. Deputies can take care of all matters on a day to day basis or they can be involved in the more complex decisions such as employing carers and investing funds.
The partners at Lanyon Bowdler have years of experience of acting as deputies in all sorts of situations 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 supportive, 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 has many years of 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.