September marks ‘World Alzheimer’s Month’, a global opportunity to raise awareness, educate and encourage the support of dementia. There may come a time when a person with dementia cannot make significant decisions for themselves. In this situation, someone else may need to make decisions on their behalf. It is usually best for individuals to make the choice of who they would like to manage their affairs while they can using what is known as a Lasting Power of Attorney. However, if a Lasting or Enduring Power of Attorney hasn’t already been put in place and the individual has lost mental capacity, then someone can take on this decision-making role by becoming a Deputy.
The Court of Protection is responsible for deciding whether someone has mental capacity to make decisions for themselves and, if not, the Court can appoint a Deputy to make ongoing decisions on financial matters.
What is a Deputy?
Deputies are commonly friends or relatives of the person who needs help with making their decisions. However, in circumstances where there is no suitable family member or friend, a professional such as a solicitor can be appointed.
A Deputy typically is appointed to handle:
- Property and financial affairs, and/or
- Personal welfare
The chosen Deputy will be supervised by the Office of the Public Guardian.
How do I apply?
In order to make an application for Deputyship, a Doctor will be required to carry out an assessment of capacity to confirm whether the person in question is incapable of managing their affairs. The Court will need full details of the person’s property and finances as well as details of all close relatives, as they will need to be notified of the application.
Once the Court has considered all the necessary information, and assuming that no objections are received from all the people notified, the Court will issue an Order appointing the applicant as the Deputy.
Note: Orders granted are typically limited, so it may be necessary for the Deputy to make further applications in the future should they need the Court’s permission to sell or purchase a property, or deal with valuable investments.
The entire process can take several months before the Court Order is obtained.
How Blaser Mills Law can help?
One of our Wills, Trusts and Probate solicitors can assist you in applying for Deputyship and can take away the administrative burden, allowing you to concentrate on the welfare of the person in question.
To talk to us please call 020 3814 2020 or contact the Blaser Mills Law Court of Protection team on privateclient@blasermills.co.uk.