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.
Give us a call or complete our online enquiry form, to see how our court of protection solicitors can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.
For more information and advice, please call Neil Davies, Head of Court of Protection, or a member of the team.
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