Challenging circumstances
If someone you know becomes incapable of making decisions without having drawn up a lasting power of attorney (or an enduring power of attorney), our expert Will, Probate and Estate Planning Team can help make an application to the Court of Protection for a deputy to be appointed.
This would allow the deputy to make day-to-day decisions for a person lacking capacity, most commonly relating to property and financial affairs. Occasionally personal welfare deputies are appointed.
Understanding the role of the Deputy
Because the person has already lost capacity before the application is made, they are not usually involved in deciding who is appointed as Deputy. Therefore they often have no opportunity to express their preferences about actions the Deputy should (or shouldn’t) take. We can provide guidance and assist you with your application to the Court of Protection. There can sometimes be complexity when properties need to be sold by the deputy or if the person concerned was a trustee.
The role of the Deputy is similar to that of an Attorney (in the case of an Lasting Power of Attorney), but it is more closely supervised by the Court of Protection and specific permission can be required to carry out actions including buying and selling property or making gifts. There are costs involved in the application, including solicitor’s fees, a court fee, the annual deputy bond fee that is required for property and affairs deputies and sometimes an annual supervision fee.
