If a loved one loses capacity and has not previously made either an Enduring or a Lasting Power of Attorney, there may be no alternative but to apply to the Court of Protection to have someone appointed to deal with their affairs (known as a Deputy).
We have a dedicated team who can assist you with such an application and ensure that the authority and power that you need to manage the person’s affairs effectively are included. For example, a Deputy is unlikely to have the power to buy or sell property on behalf of the incapacitated person unless the Order gives specific permission to do so. Similarly, if the incapacitated person owns the property jointly with another, consideration will need to be given as to whether a co-trustee should be appointed to enable a sale which, again, may need the authority of the Court of Protection.
In addition to assisting you with the application itself, we also advise Deputies with the ongoing management of a person’s affairs. Family members often feel they need advice and assistance in understanding their role as Deputy and the obligations upon them. Some, whilst happy to be the Deputy, do not feel comfortable with the ongoing administration and the financial reporting that is required. Again, this is a service that we offer to Deputies either long-term or short-term.
There are occasions where family members wish for their loved ones to be protected and understand the need for a Deputy to be appointed but perhaps for personal reasons do not wish to take on this role themselves. We can (and regularly do) take on the role of a professional Deputy ourselves. This is something we have done for a number of years and with Richard Pollock having been recently appointed to the Office of the Public Guardian’s panel of approved deputies emphasizes our commitment to helping those that lack capacity.
In summary, we can assist in the following areas: