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Court of Protection and Deputyship

Unfortunately it is not always possible for people to make Lasting Powers of Attorney (otherwise known as an LPA); usually because it has been left too late and mental capacity has already been lost.

An LPA allows you to appoint someone or even a few people to manage your property and finances and/or make decisions about your health and welfare when you no longer have the capacity to do so. If it is not possible to do an LPA then there is still something you can do, in these cases an application can be made to the Court of Protection for the appointment of a Deputy or Deputies. 

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The Court Process

The Court process is very slow and it will be more expensive than writing an LPA. It can take several months before an order is made and the court fee alone is £365 in addition to the legal fees.  It can be a very stressful time for the loved ones involved in the application as during that time the property cannot be sold and access to other funds will be limited, given that the individual has lost the ability to manage their bank accounts and other finances.    Very often at the same time the family maybe trying to sort out care for the individual concerned which only adds to the stress.

The Court Process follows strict procedures and will involve family members, – which can be difficult  if those family members are not on good terms with each other or even the individual at the centre of the proceedings. When a loved one has lost mental capacity the last thing you may want to do is go through a lengthy Court application.   The team here at Banner Jones are experienced in dealing with Court of Protection applications and we’d be more than happy to guide you through the process.  

Appointing a Deputy

Before deciding on whom to appoint as the Deputy/Deputies, it may be worth noting that it can be quite a big responsibility and it may not suit everyone.  We know from experience that sometimes families find it hard to nominate an appropriate Deputy. As a Deputy you will need to pay annual fees for supervision by the Office of the Public Guardian and also for a security bond.   The Deputy will also need to prepare and submit annual reports regarding the finances of the person subject to the order.  If all of this seems a little too much on top of caring for the individual involved then you can if you wish appoint a Professional Deputy, thus, removing the burden from your family. Banner Jones is one of the few law firms in this area to have a great deal of experience in obtaining Professional Deputyship orders and looking after an individual’s property and affairs.  We help to manage affairs and investments for several clients who do not have the ability to do so themselves, whether this be through serious injury, stroke, a severe learning disability or through something like Dementia.

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