If somebody close to you has already lost mental capacity, and can no longer cope with managing their property, or money, it may be necessary for somebody else to be responsible for their finances.
If they have not prepared a Power of Attorney then an application should be made to the Court of Protection to appoint a Deputy. This deputy will look after another's financial affairs and act on their behalf legally. This allows an appointed person to deal with their bank accounts, sell property, speak to a mortgage company and any utility companies. Deputies are usually close relatives or friends.
Druitts can assist you in applying for a Deputyship Order or if you have previously been appointed as a Deputy then we can help you with your duties. Druitts are also able to take on the role of Deputy if you are unable to for any reason.
We recognise that managing the finances and the welfare of a relative or friend can be challenging and demanding. We also have expertise in dealing with complex situations, such as when a Deputy no longer wishes to act, where there is no other suitable Deputy and cases where there is an objection to a person being appointed as a Deputy.
We can assist with completing the annual report to the Office of the Public Guardian, completing tax returns, applying for state benefits, care home fees, dealing with their Will and other duties of a Deputy.
Contact our Teresa or Laura our specialist private client lawyers today for an initial discussion on how Druitts Solicitors can help.
Frequently Asked Questions
Anyone over the age of 18 years, so long as they have the appropriate knowledge and skills to manage someone's finances and welfare.
We have experience in being a deputy, we are able to take on the role should you be unable to for any reason.
There is a set procedure you need to follow and forms to be completed. Our dedicated private client lawyers can assist you in completed these forms to minimise delays and ensure the correct procedure is followed.
The process usually takes on average 6 months, however in urgent cases you can apply for an interim order to pay necessary bills.
These powers are set out the court order when the deputy is appointed. A deputy can usually deal with income, pay bills and debts, deal with banks and building societies, make small gifts at Christmas and Birthdays and also deal with capital assets and investments.
This is stated in the court order. It can be limited to when the person stops lacking capacity e.g. recovery following an accident, or can be until the person dies.
Teresa Williamson
Lawyer ( FCILEx )
Teresa specialises in wills, probate, trusts, administration of estates and lasting powers of attorney. Teresa is also experienced in all areas of family law.
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We are always happy to discuss your requirements over the phone, feel free to contact us to see how we can be of help today!