It is a sad fact of life that some of us will, through ill-health (such as dementia) or even a tragic accident leading to a brain injury, lose our ability to make decisions for ourselves. This can leave loved ones in a very difficult situation as they may be unable to deal with our finances, our bills, our property and even our personal welfare in the way in which we would have liked.
Whilst some of us may have taken the important precautionary step of arranging a Lasting Power of Attorney appointing a trusted family member or friend to look after our affairs in the event of this tragic turn of events, many of us will not have done so.
If you have a loved one who is unable to make decisions due to mental incapacity and, who has not previously made a Lasting Power of Attorney, we, at hpjv solicitors, can help you through the process of applying to the Court of Protection to put measures into place, by way of appointment of a “Deputy” to enable you, or another, to deal with your loved one’s affairs on their behalf.
What is the role of a Court of Protection Deputy?
This depends upon the type of Deputyship Order made by the Court.
A property and financial affairs order gives the Deputy power to manage a person’s finances. A personal welfare order gives the Deputy power to make decisions about a person’s care, welfare and medical treatment.
Who can act as a Deputy?
Anyone over the age of 18 can apply to the Court of Protection to become a Deputy for a friend or relative and the Court will then decide whether that person should be appointed. It is important that the person proposing to become a Deputy has both the time and the ability to act in that role as it does carry a lot of responsibility, which includes providing a report each year to the Office of the Public Guardian.
How can we help you?
The process of applying to the Court of Protection for a Deputyship Order can be stressful, time-consuming and complicated. We can guide you through the application process if you wish to deal with this yourself or we can take the stress out the situation by making the application for you.
Even after a Deputyship order has been made, we can continue to support you whenever you need us, for example, if you need advice and assistance to help you carry out your duties as a Deputy or in the unfortunate event that there is a dispute between the Deputy and other family members about decisions to be made.
If you need advice on making an application to the Court of Protection but you aren’t sure what to do, let us give you the answers. Contact us today for an informal, no-obligation, chat or to arrange a Free First Consultation.