When someone becomes mentally incapable of handling their financial affairs or making personal welfare decisions, and they have not created a Lasting Power of Attorney prior to losing capacity, it is necessary to appoint a Deputy to manage those affairs and make important decisions on their behalf.
Deputies must be over 18 and they must be of sound character (therefore criminal convictions and bankruptcy may impede an application). It is also an expectation that the proposed Deputy will have a close connection to the incapacitated party, or that they will be a qualified professional.
It is more common for the Court of Protection to appoint a Deputy to manage a person’s financial affairs than to appoint a Deputy to make personal health and welfare decisions on their behalf. Sometimes welfare decisions can be a source of disagreement between the individual at the heart of that decision, their family members and professionals involved in their care. In those circumstances it is more likely that the Court would step in and make decisions on the incapacitated person’s behalf as and when it becomes necessary
There are certain situations where it may be more appropriate for a professional Deputy (usually a solicitor) to be appointed, instead of a family member.
We can provide support every step of the way from making the application to the Court of Protection for a family member to be appointed as a Deputy through to providing assistance with carrying out the day to day duties of a Deputy. We can also provide a separate service to include completing the annual Deputy’s report.
We can offer advice, support and guidance to help lay deputies undertake their role effectively and confidently, whilst adhering to their Court ordered responsibilities. We are also able to advise and support you through any subsequent Court applications or Office of the Public Guardian enquiries and investigations.