Supporting deputies with application and management of affairs
- The Court of Protection exists to safeguard vulnerable people who lack the mental capacity to make decisions for themselves. Where an individual has not made a power of attorney and has now lost capacity to create one, or never had the necessary capacity, then an application can be made to the Court of Protection to appoint an individual (or individuals) as deputy.
- As with powers of attorney, deputies can act jointly (which means that all decisions must be made with the agreement of all named deputies) or jointly and severally (which means that deputies can act independently of each other).
All deputies are supervised by the Office of the Public Guardian. They must adhere to a strict regime and produce reports at the end of each deputy year.
There are two types of deputyship:
1) Property and finance (common)
2) Health and welfare (difficult to obtain)
Property and finance
The Deputyship Order will specify what decisions the deputies are able to make, but in general terms deputies appointed to manage an individual’s property and financial affairs as set out above.
Health and welfare
Again, the Deputyship Order will specify what decisions the deputies are able to make, but in general terms deputies appointed to manage an individual’s health and welfare will be given an order that deals with a specific issue rather than a general order.
At Moore Barlow we are able to assist with the application for a deputyship. We also offer support and guidance to deputies and can be instructed to assist with the administration of the deputyship, for example to complete the annual reports.
As well as the above we are able to advise attorneys and deputies on their obligations and responsibilities as well as advise them on the best way to carry out their duties and when they should and should not act. This includes how to decide if something is in best interests. We can assist with any application that needs to be made to the Court of Protection from the need to amend a Will or create one, gifting applications, investigations by the Office of the Public Guardian as well as advise on what to do if you think someone is not acting appropriately.
We have offices in Southampton, Richmond, Guildford, Woking, London and Lymington and we offer specialist support to clients locally and nationally. Contact us for more information on how we can help.