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Partner and Head of Family Law, Rugby
Wills Trusts and Probate
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Director of Legal Services - Private Client
Court of Protection
What can you do if your relative has not made a Power of Attorney but can no longer deal with their finances?
Customers who find themselves in this situation come to us for advice about applying to the Court of Protection be appointed as a Deputy for their relative or friend. If they are appointed they will be the Deputy and their relative or friend will be known as a “protected party”.
As a Deputy you will be overseen by the Office of the Public Guardian.
We are able to advise Customers about the application process and their responsibilities in acting as a Deputy. Before you can be appointed you need to show the Court that you can manage your own finances, understand the Mental Capacity Act 2005 and comply with its principles and Code of Practice as well as acting in the protected party’s best interests.
The Deputy must keep the protected party’s money and assets separate from their own and provide accounts annual to the Office of the Public Guardian. As a Deputy you still need to consult with the protected party, as much as they can be involved, about financial decisions.
If you feel that you do not have the right skills to deal with these obligations one of our Team of Specialist Lawyers can apply to act as a Professional Deputy for your loved one. The requirements for Professional Deputies are even higher than for you acting as a Deputy so you can be reassured that they will be properly supported.
As a Deputy for Property and Financial Affairs your authority comes from the Court order. This means you have to be careful to act under the terms of the Order appointing you.
Even as a Deputy you may still need to apply to the Court of Protection for specific permission to undertake the following steps:
There may be other circumstances when you would need to apply to the Court and our Team of Specialist Lawyers are here to advise you, explain the process and deal with the Court application for you.