If you lose mental capacity and you have not made a Property and Financial Affairs LPA, your family, the Local Authority or a professional may need to apply to the Court of Protection for a Court Order appointing a Deputy to manage your finances for you.
Our experienced team can advise you on the options available and guide you through the legal processes.
The Court of Protection is a specialist Court which oversees the financial and personal welfare of those who lack mental capacity.
The Court has the power to appoint a Deputy to take control of the property and financial affairs of someone unable to manage their own affairs and in some cases to make decisions regarding their personal welfare. Once appointed by the Court, the Deputy is subject to ongoing supervision by the Office of the Public Guardian.
Applications to the Court are time-consuming and it can take months for the Court to issue an Order appointing a Deputy or to make a particular decision.
The application requires full details of the mentally incapable person’s finances and personal information about their family. A medical assessment must be carried out and the proposed Deputy must complete a Declaration so that the Court can decide whether the proposed Deputy is suitable to act.
Once appointed by the Court, the Deputy will receive an Order setting out the specific powers they have to manage the individual’s property and financial affairs.
This will include matters such as managing a bank account and investments, paying bills etc but a Deputy is not automatically authorised to make gifts out of the individual’s money or to sell their home. Separate applications can be made to the Court if this authority is required. Similarly, a Deputy can not make a Will on behalf of the individual, but they can apply to the Court to make a Statutory Will.
The Deputy is subject to ongoing supervision by the Office of the Public Guardian to ensure that they are acting in the best interest of the mentally incapable person. A requirement of the Deputy’s appointment is to put in place a Security Bond to safeguard the investments the Deputy is taking care of.
The Deputy is also required to submit an annual report explaining all significant decisions made throughout the year, and accounting for all income and expenditure. Periodically, the Office of the Public Guardian sends out visitors to visit the mentally incapable person, the Deputy and others involved in their care to check that all of their needs are being met.
Do I need a Solicitor to apply for Court of Protection?
How much does it cost to appoint a Deputy?
If you would like further information about making an application to the Court of Protection, please contact us.
Call us on 0191 2522396