Solicitors in Westminster, London
Court of Protection
You may find yourself in a situation where your partner, a relative or friend is struggling to make decisions about their finances and/or the medical treatment they need to receive or where they live. This may be because of an illness or an accident that has left them incapacity.
If they don't have lasting powers of attorney in place then you may need to apply to the Court of Protection to be their deputy so that you can make decisions on their behalf.
Deputies can be granted the power to manage the financial affairs of the person who lacks capacity, although this can be limited by the Court and there are strict rules on how the deputy can act and the types of decisions that they can make. They can also be granted power to make decisions about a person's health and welfare, although the power tends to be very limited. Our expert team can advise you on both types of deputy application and help you complete the application papers and guide you through the process. Deputyship applications can take more than 3 months to complete, but, if necessary, interim orders can be applied for and these are especially relevant if you are concerned that a person's finances are being abused or mismanaged.
Once you have been appointed as a deputy to manage a person's financial affairs then you must keep records as to any monies you receive and any expenditure you make. You will need to report to the Office of the Public Guardian, which is the administrative arm of the Court of Protection, annually, and we can assist in preparing these reports and making sure you carry out your duties and responsibilities as deputy correctly.
There are very strict rules about making gifts out of a person's finances if they lack capacity, and this is something that our team can advise on if you, as deputy, are considering making gifts of any value.
We can also advise on what to do if the person who lacks capacity to make their decisions does not have a will in place and assist in making an application for what is called a statutory will.
To find out more about how we can help you please contact one of our specialist lawyers by email or call us on 020 7222 5381.