If a family member, friend or loved one lacks mental capacity, it can be a traumatic time for all involved. It will be impossible to deal with any assets in their name as authorities will only deal with the person who owns those assets.
In an ideal world, that person will already have in place valid health and welfare LPAs and property and financial LPAs, appointing their chosen people to step into their shoes and manage their affairs if necessary.
But making LPAs may not always be possible. The person may already lack mental capacity or the Attorneys themselves may not be able to step in.
In such a case, it is possible to apply to the Court of Protection to become a Deputy. This can give similar powers to that of an Attorney. A relative or friend can apply, or a professional may be appointed.
The process of becoming a Deputy can take a long time and is more expensive than making an LPA. There are also ongoing obligations for a Deputy including submitting an annual report to the Court.”
The Court of Protection will check:
- whether the person needs a deputy or some other kind of help
- there are no objections to your appointment
If you’re appointed, the Office of the Public Guardian will help you carry out your responsibilities. You’ll continue to be a deputy until your court order is changed, cancelled or expires.
As a deputy, you’ll be supervised by the Office of the Public Guardian (OPG). They’re authorised to contact you or visit you to check you’re being an effective deputy. They can also give you advice and support. New deputies get a ‘general’ level of supervision for their first year.
After that, if you’re a property and affairs deputy you’ll move to ‘minimal’ supervision if both:
- you’re managing less than £21,000
- you no longer need a general level of supervision
You’ll pay a lower fee and have to write a shorter annual report than deputies with general supervision.
You may be visited by a Court of Protection visitor to check if you:
- understand your duties
- have the right level of support from OPG
- are carrying out your duties properly
- are being investigated because of a complaint
The visitor will call you to arrange the visit and explain why they’re visiting.
Please get in touch with us for a detailed quote.
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