Life is full of unexpected events and you may find yourself in a position where a loved one is no longer in a position to make financial or health and welfare decisions for themselves.
In such a situation, and where there are no Powers of Attorney in place to cover such aspects, you can make a Court of Protection application to be appointed as Deputy to assist with such matters, and ensure the safeguarding of the vulnerable person. This can include having the ability to assist with matters or make decisions when needed.
So, why use a Deputyship Solicitor from Holmes & Hills?
When dealing with such an emotive subject such as safeguarding, especially when acting for a loved one, a supportive and friendly lawyer can make all the difference. You can be sure that the specialist team of Court of Protection solicitors here at Holmes & Hills understand the pressures their clients are under and will work with you to make the Court of Protection deputyship application process as stress-free and efficient as possible.
Holmes & Hills have offices in Colchester, Braintree, Sudbury, Halstead, Tiptree, Coggeshall and Witham, and offer appointments face to face, by telephone, or by video conferencing. Therefore, you don’t have to be local to our offices to take advantage of this specialised service.
The Court of Protection make decisions about people who lack mental capacity to make their own. They firstly decide whether or not that person does have mental capacity, and they can then appoint someone called a ‘deputy’ to make those decisions for them if they do not. The person who does not have mental capacity is commonly referred to as ‘P’.
As solicitors, we can assess mental capacity to an extent. It is our duty to ensure that our clients fully understand the information we give them, its consequences, and that they can communicate this to us. If there are doubts as to our clients understanding, we will enlist the support of an independent mental capacity assessor to conduct a formal assessment. In any event, an independent mental capacity assessment will be required for a Court of Protection application.
The most common Court of Protection application is for the appointment of a Property and Financial Affairs deputy. This will be necessary where someone has lost capacity to make their own financial decisions and does not already have a Lasting Power of Attorney (LPA) in place. A common scenario is that a loved one has lost capacity and moved into a care home. They have not made Lasting Powers of Attorney and as such, a Court Order is needed to access their funds to pay for their care moving forward.
Other Court of Protection applications involve the appointment of Personal Welfare deputies, removal and appointment of Trustees and the making of one-off decisions.
You may also need the Court of Protection where you are acting in your capacity as an Attorney appointed under an LPA and wish to do something beyond your powers, for example to make a significant gift on behalf of the person who has lost capacity.
Moreover, the Court of Protection deal with situations whereby there are disputes amongst attorneys or concerns raised about an attorneys behaviour.
Most commonly a deputy is a family member, friend, or professional with the right skills. They must be 18 or over and have the mental capacity to be your deputy. A deputy must show that their appointment is in Ps best interests, that they have the skills and ability to carry out their role and that they are a trustworthy and reliable person.
Similarly, to being appointed as attorney, as a deputy you are responsible for supporting someone to make decisions or making decisions on their behalf. All decisions must be made in Ps best interest considering their past and present wishes and feelings.
You must keep clear records of the finances you manage on behalf of P. As a Court appointed Deputy, you are responsible for completing an annual report which must be submitted annually to the Office of the Public Guardian for checking.
A deputy must also pay a security deposit before they can access Ps funds, this is payable annually and is an insurance policy taken out in the unlikely event of Deputy misuse.
Orders to become appointed as deputy for property and financial affairs usually take in the region of 4-6 months to arrive from initial application assuming there are no unforeseen circumstances or delays. Prior to application, there are a number of steps that must be completed to which we can assist to ensure that the application is submitted in its entirety.
Orders relating to Trusts, Land and other one-off decisions take significantly longer.
Call us on 01206 593933 to speak with one of our specialist Court of Protection solicitors.
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