You may feel that a member of your family or a close friend is struggling to deal with their personal affairs and finances. You may be worried that they are vulnerable and need someone to look after their affairs to ensure that their best interests are protected. In particular, they may have passed the point where they would have the mental capacity to make a Lasting Power of Attorney.
In these circumstances, you can apply to the Court of Protection for an Order which appoints you, another family member, a friend or a solicitor to act on that person’s behalf as their “Deputy”. These are known as Deputyship Applications.
It is necessary to complete a full ‘fact-find’ for the Court and also obtain a Doctor’s assessment of the person’s mental capacity. The proposed Deputy will also need to satisfy the Court that they are a fit and proper person to be appointed.
It is possible for more than one person to be appointed to act as Deputy, either jointly or on a joint and several basis.
There is a high standard expected of those acting as Deputies. They will be acting generally under the supervision of the Court and they may have to make an annual report of their dealings.
We are able to advise and assist Deputies not only with the initial application, but also with other aspects such as the sale of property and completion of the annual accounts.