If a family member or close friend is no longer able to make decisions for themselves about their finances and they have not previously signed either an Enduring Power of Attorney or a Lasting Power of Attorney, then someone will need to apply to the Court of Protection to be a Deputy.
The Court of Protection is a branch of the High Court which only deals with matters concerning people who no longer have mental capacity to make decisions for themselves.
You may have seen the Court of Protection mentioned on the television or in newspapers when they decide whether somebody’s life sustaining treatment should be continued or ended.
Sometimes if a hospital disagrees with what a family want regarding such treatment, then they will apply to the Court of Protection for a decision.
However, they also deal with financial matters where there is no Enduring or Lasting Power of Attorney.
Things which you may not be able to do without a Deputyship Order include operate bank accounts, pay household bills, pay care home fees, sell, or rent out a property.
Call us now 0203 653 0623 or complete a Free Online Enquiry and we will tell you the next steps you need to take and how we can help you.
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When somebody is appointed to be a Deputy, they step into the “financial shoes” of the person who can no longer make their own decisions.
Having said that, a Deputy’s powers to deal with that person’s money and property are limited, and they a Deputy have to go back to Court to get permission to do things such as make large gifts or sell a property.
More than one person can also apply for joint Deputyship, so for instance a mother and adult child could be joint deputies for their husband and father.
The most critical step in the Deputyship application is getting a medical practitioner to complete a form which confirms that the person that the application for Deputyship is about no longer has the mental capacity to manage their own finances.
Apart from this form, there is also a main application form which sets out all the relevant details of that person and a financial application form so that the Court of Protection has as full details as possible about the value and type of assets that person owns.
In addition, the person who is applying to be the Deputy has to complete a form about themselves, confirming that they are a suitable person to have the responsibility of dealing with someone else’s financial affairs and confirms that they will always act in the Best Interests of that person.
All the relevant papers and forms are sent to the Court of Protection together with an application fee and after about a month, the application is “issued”, when one of the application forms is stamped by the Court of Protection and returned to the solicitor (or if no solicitor is involved, to the intended Deputy themselves).
At that point, at least three family members have to be notified, so that if they want to, they can object or take part in the application and the person that the application is about is also notified.
It may sound strange to be informing a person who has lost mental capacity that an application has been made to the Court of Protection about them, but this is one of the fundamental parts of the ethos of the Court of Protection, to involve as far as possible the person about whom an application is being made.
Once these notifications have been carried out, the Court of Protection is advised, and they process the application and consider whether or not to appoint the person who has applied to be Deputy.
They will not only be looking at the suitability of the intended Deputy but also what powers to give him or her.
Sometimes the Deputyship order will confirm that the Deputy does not need to go back to the Court of Protection if they want to sell a property, but on other occasions a new application will need to be made.
Unfortunately, the Court of Protection timescales are very slow, and it can take around four to five months before the Deputyship application is issued.
At that time, the Court of Protection will require the Deputy to take out a security bond.
This is a standard feature of all Deputyship applications and does not in any way suggest that the Deputy is not a trustworthy person. It is simply an insurance policy.
Once a Deputyship Order is made then the new Deputy can get on with dealing with the financial affairs of the person who has lost capacity, operating their bank account to pay any bills such as care home fees, which are for the benefit of the person concerned.
The Lay Deputies unit will also be in touch with the new Deputy and be available in the event of any problems.
Once a year, the new Deputy will need to complete an account of all the income and expenditure of the person for whom they are acting as Deputy, and will also have to set out any important decisions they have made.
Make A Free Enquiry
At Steene Law Ltd, Court of Protection solicitors, we can assist you with the application to become a Deputy.
Please either call us now 0203 653 0623, email reception@steenelaw.co.uk or complete a Free Online Enquiry and we will be delighted to help you.
We are available from 8am to 7pm, Monday to Friday and will explain your options including how you can apply to become a Deputy.
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