What is the issue?
Unfortunately, many families are left in a situation where a loved one (the Patient) has lost the mental capacity to deal with their affairs. When an individual lacks the capacity to manage their financial affairs, they need someone to help them with important financial decisions. This can occur through various means, such as medical negligence, old age or individuals born with disabilities. If the Patient has not appointed an Attorney under what is known as a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA), there is only one real option to deal with the management of their affairs and that is to apply to the Court of Protection for the appointment of a Deputy.
What is the Court of Protection?
The Court of Protection is the title given to the part of the Supreme Court that deals with the affairs of the mentally incapable. All applications relating to the appointment of a Deputy must be submitted to the Court. The Court of Protection makes decisions relating to the property, finances and welfare of people who lack mental capacity and are responsible for processing applications and determining the appointment of Deputies.
What is a Deputy?
A Deputy (formerly known as a Receiver) is a person, or occasionally a Trust Corporation, appointed by the Court to deal with the financial and/or personal affairs of those who are mentally incapable of managing their own affairs. The Deputy may be a professional person or may be a relative of the mentally incapable person. We have experience in applying to the Court for the appointment of a Deputy and in assisting Deputies in dealing with the general management of the Patient’s affairs.
Any person over the age of 18 can be a Deputy. In many cases, the spouse or a close relative of the Patient will apply to become a Deputy. The Deputy is required to act in the best interests of the Patient and record all money spent and received on behalf of the Patient. The Court will consider the suitability of any potential Deputy before making a decision. It is a lengthy and difficult process and therefore we recommend entrusting Deputyship solicitors to act as a Deputy, as they have experience of handling complex Court of Protection matters.
We act as a Deputy in many cases and have years of experience in dealing with Deputyship matters in the Court of Protection in the UK. If you have a relative who may require a Deputy to manage their affairs, we can explain the options available to you and guide you through the process.
We offer a free, no-obligation consultation on Deputyships in which we will explain the options available and the next steps involved. For more information, please call 0121 603 0077 or email firstname.lastname@example.org.