When someone you are concerned about lacks the mental capacity to manage their affairs, unless they have made an Enduring or Lasting Power of Attorney, it will be necessary for an order appointing a Deputy to be made by the Court of Protection.
A deputy is appointed to make decisions for someone who, due to their lack of mental capacity, is unable to do so themselves. This could be due to acquiring a brain injury, as a result of an accident or medical negligence, or as a consequence of old age and dementia.
The Deputy, once appointed, has to act in the best interests of the person who lacks capacity and has to follow the principles set out in the Code of Practice to The Mental Capacity Act.
The duties and responsibilities of a Deputy are many and varied but include:
- Dealing with the day to day finances of the person
- Checking eligibility for welfare benefits
- Taking care of a person’s property
- Ensuring funds are invested and managed appropriately
- Completion of tax returns and annual reports to the Office of the Public Guardian
- Consideration of wills
We understand how distressing and difficult this process can be and endeavour to work closely with our clients to ensure they remain involved in the decision making process and understand what is being done on their behalf.
FBC Manby Bowdler's specialist Court of Protection Team can also assist with:
- Disputes in Court of Protection
- Litigation Support Services
- Statutory Wills
Head of Department and Court of Protection specialist, Julie Burn, can also be appointed as a professional Deputy if there is no member of the family, or a friend, able to do. Julie currently acts as a professional Deputy to a number of individuals across the country, providing them with daily support and guidance. Her specialist work is recognised and recommended in Chambers & Partners.
If you have an enquiry in relation to Court of Protection or Deputyship applications or want to speak to a member of our friendly Team for further information and guidance, please use the request a call back or make an enquiry option to get in touch.