When an individual loses the capacity to mange their own affairs and does not have an appropriate power of attorney [link to powers of attorney page] in place, an application will have to be made to the Court of Protection (“COP”) for the appointment of a Deputy to manage the individual’s affairs and to act in their best interests. The COP is a specialist court which is responsible for looking after individuals who lack the mental capacity to manage their own property and affairs or to make decisions about their welfare. With a growing vulnerable and elderly population, it is vital that the finances of these individuals are safeguarded.
If you find yourself in a situation where you have become responsible for managing someone else’s affairs, it is important to seek proper legal assistance as soon as possible. This can be a heavy responsibility made all the more daunting if you have no prior experience of acting on someone else’s behalf. We can also assist you if you have concerns about possible financial abuse of a vulnerable person.
A Deputyship application can be fairly complex and our team has developed a wealth of expertise in preparing these applications. We understand that this can be an extremely emotional time for the families concerned and endeavour to ensure that process is as smooth as possible leading to a positive outcome. We often act as professional Deputies when there is no one available to manage a person’s financial affairs.
Our team also has experience in dealing with complex financial matters related to COP cases. We have experience in preparing annual accounts to the OPG, preparing income tax returns, and seeking local authority guidance and funding where necessary to fund care. We have experience in a wide range of issues relating to care home fees to ensure that lifetime savings last as long as possible and work with financial advisers to ensure the best outcome.