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Your duties as a Deputy would include:

  • Making an application to the Court of Protection to become a Deputy and/or Joint Deputies
  • Managing the employment, contracts and payroll for any carers
  • Day to day money management, budgeting  and tax returns
  • Managing any funds alongside a financial advisor to ensure the best return on any investments.
  • Completion of the annual accounts which need to be submitted to the Office of the Public Guardian
  • Managing any adaptations to the home for the incapacitated person. This may include managing the sale of their current home and the purchase of something more suitable.
  • Making an application for a Statutory Will for the incapacitated person

We have experts in our business who are helping deputies in various ways, including the management of their accounts.  We can manage as much or as little as you need us to do.

Circumstances Change

We know that circumstances changes over time and that the task of being someone’s Deputy may start to become more onerous.   Our Court of Protection team are here to help.  If you’re an existing Deputy wishing to pass your duties over to an experienced Professional Deputy then please get in touch.  An application will need to be made to the Court for the transfer to take place but we can handle all of that for you. 

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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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