Where a power of attorney is not already in place for someone and if they no longer have the capacity to make one or they have never had this capacity, alternative measures are required. Such people are safeguarded by the Court of Protection. This involves applying to the Court of Protection to appoint someone (or more than one person) as a deputy, which will give them the authority under law to make property and finance decisions on the individual’s behalf.
If there is more than one deputy, they can act jointly (so that all named deputies have to agree on a decision for it to be made) or jointly and severally (independently of the other deputies).
The Office of the Public Guardian is responsible for supervising deputies and there are strict guidelines within which deputies must act, as well as producing an annual report on the decisions that have been made during the period and any relevant accounts.
The property and finance deputyship order will outline the specific decisions that the deputy or deputies have the authority to make on behalf of. For example,
- paying bills or making decisions about paying for property repairs or maintenance
- Selling or purchasing property
- Dealing with or making new investments
- Dealing with or applying for benefits
The expert team at Moore Barlow can help with property and finance deputyship applications and ongoing support and guidance when it comes to the decisions and administrating the deputyship, including assistance with annual reports.
Offering expert support when decision making for others
We have dedicated Court of Protection teams who offer truly specialist support with every aspect of decision making, working together to ensure that the necessary authority has been given to appropriate people when required, such as deputyships or Powers of Attorney.
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 the individual’s best interests.
We can also assist with any application that needs to be made to the Court of Protection, such as:
- the need to amend a Will or create one
- gifting applications
- selling or purchasing property and the need to appoint someone else to do so
- family care payments
How Moore Barlow can help you
Please contact Fiona Heald for advice:
- for those over 60 years old
- if an attorney or deputy is not acting correctly
- if anything that is contested at the Court of Protection
- any investigations by the Office of the Public Guardian
Please contact Rebecca Sparrow for advice for those:
- who have been affected by clinical negligence or a personal injury
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.