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Court of Protection
COURT OF PROTECTION & DEPUTYSHIPS
The loss of mental capacity is always a cause of significant stress for individuals and their loved ones, whether this occurs due to age-related conditions, a traumatic injury, or some other illness. When this happens, it may be necessary to appoint another individual to make decisions on the affected person’s behalf, to ensure their financial affairs are properly looked after in all eventualities.
Appointing a Deputy through the Court of Protection is one of the most common ways to achieve this, providing the elderly or ill individual with the security of knowing someone is looking after their best interests.
The process of applying to become a Deputy can be time-consuming, with several forms that need to be filled in correctly, which is why it is best to seek legal advice on how this process works.
At Lloyd Evans & Hughes, we can provide you with expert guidance on all aspects of deputyship and the functioning of the Court of Protection.
PROFESSIONAL DEPUTYSHIP SERVICE
We are regularly appointed by the Court of Protection to act as a Professional Deputy for individuals who has lost mental capacity, who has no family to help them or if the family is unable to take on the role themselves.
When we take on this role, we become responsible for the management of that person’s property and financial affairs.
As Professional Deputy, we can deal with the application in its entirety and once appointed as Deputy, deal with every aspect of the vulnerable person’s financial affairs. This could include:
ascertaining their financial assets
paying any debts that may have arisen
dealing with their property, making sure it was insured and secure, repairs are undertaken and ultimately overseeing the sale
ensuring that they receive all benefits that they are entitled to
liaising with the care home/care provider to ensure that they have all that they need and are as comfortable as possible
employing an independent financial adviser (if necessary) to make sure that their funds are receiving the best possible return
looking at their Will or dealing with an application for a Statutory Will
visiting them on a regular basis.
Our fees for this service are fixed by the Court of Protection and this is something we can discuss with you should you wish us to act as Professional Deputy.
It may seem unbelievable but on average someone is reported missing every 90 seconds in the UK.
This is a stressful and anxious time for the loved ones. It makes matters worse when those left behind are struggling to make ends meet. If someone goes missing usually there is no one with the legal authority to manage their finances. The family cannot access the bank account to ensure bills are paid and the family home can be at risk.
In July 2019 the Guardianship (Missing Persons) Act 2017 came into force. This legislation enables the Court to appoint a trusted person as a Guardian and they can make sure the financial side of things is taken care of.
The Guardian is supervised by the Office of the Public Guardian to make sure the decisions they make as Guardian are in the best interests of the missing person.
We can help with the application to the Court and can take you through this process from start to finish and advise how likely it is that the Court will appoint you as Guardian and who needs to be given notice of the application.
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