When someone has lost the capacity to deal with their own affairs but doesn’t have an Enduring or Lasting Power of Attorney in place, an application to the Court of Protection is usually necessary to appoint a Deputy to manage that person’s affairs under the supervision of the Court of Protection and the Office of the Public Guardian.
The Court of Protection exists to protect vulnerable people who lack the mental capacity to make decisions so that the Court can make decisions for that person in their best interests. These decisions may relate to their finances, health or welfare, such as where the person should live or whether lifetime gifts or a special form of Will, known as a ‘statutory Will’should be made on their behalf. The Court may appoint a deputy to make certain decisions usually about property and financial matters on behalf of the person who lacks capacity on an ongoing basis subject to supervision.The Office of the Public Guardian (“OPG”)maintains the register of Lasting Powers of Attorney and Enduring Powers of Attorney. The OPG has a statutory responsibility to supervise those acting as as attorneys or deputies.We will guide you through the process of appointing a deputy and any other applications it may be appropriate to make to the Court of Protection . Members of the firm often act as a professional deputy in situations where there is no one else suitable or able to take on the role.Our Trusts and Estates team are highly experienced in dealing with very sensitive situations and have helped many clients who are facing such difficulties. Taking on the role of attorney or deputy can seem a daunting responsibility at a difficult time. Our team of experts are on hand to offer advice and support to lay attorneys and deputies, guiding you through what can be a complex regulatory maze so that you have peace of mind that you are fulfilling your obligations and acting within the scope of your authority in the best interests of the person who has lost capacity.
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