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Professional Deputies

Using the authority given by the Court, the Professional Deputy must act in the best interests of the person for whom they are appointed, under the supervision of the ‘Office of the Public Guardian or OPG’.

The duties of a Professional Deputy include:

  • Managing the property and affairs for the individual; including managing the payment of benefits and taxes through to organising and paying for care staff.
  • Completing and submitting the annual reports and accounts to the OPG.
  • Providing advice on any welfare issues connected with the Deputyship, such as the transition into a care home for example.
  • Investigating any previous financial irregularities.

The Court of Protection team at Banner Jones have many decades of experience as Professional Deputies, providing a local and friendly service County wide in Chesterfield, Dronfield, Mansfield, Sheffield and Nottingham.    Having the ability to call upon the expert services of other departments within the firm, our Professional Deputies have the benefit of seeking assistance on various connected matters such as the sale of any property, business assets, employment law matters and divorce.   The team also have the benefit of being able to seek independent financial advice from Banner Jones Wealth Management, who are on hand to provide guidance on matters relating to any investments held by the client.

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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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