Court of Protection & Deputyships
The Court of Protection is empowered to make decisions in relation to the property and affairs and healthcare and personal welfare of adults (and children in a few cases) who lack capacity. The Court also has the power to make declarations about whether someone has the capacity to make a particular decision.
If an individual becomes unable to handle their own affairs and does not have an Enduring Power of Attorney or a Lasting Power of Attorney in place, it is possible for the individual’s family to make an application to the Court of Protection. The court will then appoint a Deputy to manage their property and financial affairs.
Who can be appointed?
Providing the Court of Protection are satisfied that the individual is appropriate, a family member can be appointed as the Deputy. When no family member wishes to take on this responsibility, it is possible for the family to select a professional, such as a solicitor to take on this role.
Deputy’s duties and responsibilities
The main duty of a Deputy is to safeguard the individual’s assets and meet their day to day financial needs. The Deputy will work closely with the family and other professionals such as financial advisors and case managers.
The Deputy must always keep the Mental Capacity Act 2005 in mind when making decisions. A key principle of this Act is that the individual is presumed to have capacity unless proved otherwise and must be consulted in all decision making.
How Trethowans can help
Trethowans have a specialised team in this field; our depth of knowledge ensures we comply with the Mental Capacity Act while always acting in the individual’s best interests. We believe that establishing close relationships with the individual and the family will ensure that the right decisions are made in every case.In the course of a Deputy’s duties, many varied legal matters may arise, such as the buying and selling of property, inheritance and tax issues. When necessary, the Court of Protection team is able to draw on the wealth of legal experts throughout Trethowans to deal with any legal matters that arise in an effective and efficient manner.
For further information please contact David Healy or Frances Gillett.
