Deputyship & Lasting Power
of Attorney

A Deputy is a person appointed by the Court of Protection to make decisions on behalf of someone (who the Court calls “P”) who has lost their mental capacity to make decisions for themselves. A Deputy is appointed where day-to-day decisions need to made over an extended period and it is impracticable for the Court of Protection itself to be involved in such decisions.

The difference between a Deputy and a valid Lasting Power of Attorney is that a Lasting Power of Attorney is made by P at a time when P has mental capacity and so at that time, chooses who will act for him or her in the event of their incapacity. A Deputy on the other hand is someone the Court of Protection appoints, usually on the application of a person, at a time when P has already lost capacity.

A Deputy steps into the shoes of P and can do anything on behalf of P within the scope of the Order appointing him subject to strict conditions and obligations under the Mental Capacity Act 2005 and its accompanying Code of Practice.

Taking the position of Deputy can be an onerous task which involves considerable administration and duties, e.g, filing annual reports, supervision from and correspondence with the Office of the Public Guardian, welfare benefit checks and entitlements, maintenance and reconciliation of bank accounts, collecting in all income due, safeguarding property, selling property, maintaining established businesses, applications for statutory Wills, dealing with family disputes about P, paying care home fees and other debts, completion and filing of Tax Returns and ensuring compliance with the complicated and considerable provisions of the Mental Capacity Act 2005 and its Code of Practice, to name just a few. Also, if the wrong person applies or is appointed, it can cause considerable family animosity and cost.

Our Nigel Anthony Jones is one of only three professional Deputies in Wales appointed to the approved Deputyship Panel of the Office of the Public Guardian. He has considerable experience in acting as a Deputy. We serve Client’s throughout Wales, the South West and to the Midlands. If you are a relative, friend, acquaintance, Local Authority or other interested party considering the appointment of a Deputy, please speak to us first. We will guide you through the process and advise what might be best for P.

Get in touch

We are here to help you.

Call us today on:

02920 456780

Nigel A. Jones

Director, Solicitor & Professional Deputy

Laura Brown

Solicitor & Director

Tom Evans

Solicitor

Stella Mayor

Deputyship Paralegal

James Evans

Deputyship Paralegal

Christine Davies

Secretary

 

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