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In the event that someone loses his or her mental capacity, without having made a Lasting Power of Attorney, it is possible for a relative or friend to apply to the Court of Protection to be appointed as his or her deputy. The deputy can then make decisions about their finances and/or health and welfare.
Applying to the Court of Protection to be someone’s deputy can be a complex and lengthy process. We are more than happy to assist you with drafting and making the deputyship application to the Court and can also advise about management of the deputyship, including making applications to the Court for specific orders.
We also take on the role of professional deputy, in circumstances where clients have no other friends or relatives who are able or willing to do so.
Please click here for more information from the gov.uk website.
If an application to the Court of Protection is required due to the work involved it is certainly recommended that you seek professional legal advice beforehand.
How our Court of Protection solicitors in Hammersmith can help you
Court of Protection deputyship applications
We can guide you through making an application to the Court of Protection to become a loved one’s deputy. There are two types of deputyship you can apply for, depending on your loved one’s needs – property and financial affairs deputyship and personal welfare deputyship.
A property and financial affairs deputyship involves making decisions over things such as you paying your loved one’s rent/mortgage and bills, dealing with their pension or other income, managing their bank accounts and making decisions involving their home.
A personal welfare deputyship involves making decisions over your loved one’s medical treatment, personal care and day-to-day routine.
You can apply for just one type of deputyship or both, as required.
Acting as a Court of Protection deputy
Being someone’s deputy is a big responsibility, often involving making some very difficult decisions. Our Court of Protection solicitors are highly experienced in guiding people through these challenging issues, so can make sure you have access to all the information and advice you need to make the right decisions for your loved one.
We can also assist you with practical matters, such as preparing annual accounts, which is a requirement of acting as a Court of Protection deputy.
Statutory Will applications
Someone who lacks mental capacity is not able to make a valid Will, so if a Will is required, you will normally need to apply to the Court of Protection to make what is known as a ‘Statutory Will’. This allows it to be clearly set out what should happen to your loved one’s estate when they pass away, avoiding the risk of intestacy and the potential for conflict between various parties who might expect to inherit.
We can help you apply for a Statutory Will, making the process as straightforward and stress-free as possible and giving you peace of mind for the future.
Professional Court of Protection deputyship
In many cases, it is more appropriate to have a professional such as a solicitor to act as a person’s Court of Protection deputy. This may be the case where the person without mental capacity has particularly complex needs or there are issues such as managing compensation that must be handled carefully. A professional deputy may also be a better choice where there is no friend or family member who can carry out this role.
Our solicitors act as professional Court of Protection deputies for a number of people, so can provide experienced legal expertise, combined with a compassionate, sensitive and practical approach that puts the needs of your loved one first.
Contact our Court of Protection lawyers in Hammersmith, London
For further advice and information about Court of Protection matters from our friendly, expert solicitors in Hammersmith, London, please get in touch.