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February 25

Deputyships for Property and Finaical Affairs - What are they?

 The Court of Protections aim is to help people who are mentally incapable of making their own decisions.  It does this by making decisions for them about their money, property, health or welfare.  The Court can also give these powers to someone else if there is a need for decisions to be made on an ongoing basis because the person can no longer make their own decisions.  If the Court gives these powers to someone else, they will be known as a Deputy.

Who can Apply?

If someone you care about has lost the ability to make their own decisions you can apply to the Court of Protection for permission to make decisions on their behalf. If appointed as Deputy for Property and Financial affairs you would then act as that persons Deputy. Once appointed financial institutions will be able to treat you as though you were that person for all matters relating to their property and financial affairs.

To apply to become a Deputy, there is a Court of Protection Application process that will need to be completed. This includes completing a number of Court of Protection forms and also obtaining a capacity assessment from a Psychiatrist or local GP to confirm to the Court that the person lacks mental capacity and cannot make decisions for themselves relating to property and financial affairs.

In order to be appointed as Deputy you will need to complete an Application to be named as Deputy for Property and Financial Affairs. This application is often made in situations where a person already lacks capacity and thus the appointment needs to be made as soon as possible. It can often be a long and complicated task to complete the forms as the forms can be complex when dealing with them for the first time, it is important that you know exactly what powers you will need to apply for. The application can be a time consuming and stressful process and it is also very important that these forms are filled in correctly or they will be sent back by the court and delay the process even further at a time where urgency is paramount.

Here at JMD Law Solicitors our Court of Protection team has vast experience in making applications to be appointed as Deputy for Property and financial Affairs. Our aim is to ensure that we complete this process on your behalf to ensure that it is stress free and carried out in an efficient manner. If you would like us to make a Court of Protection Application on your behalf then please contact us on the details below for an initial consultation to see if we can assist.

Professional Deputy

It may be that having considered your options, you feel that the Deputy should be someone in a professional capacity. If you instruct a solicitor to carry out this role then they are regarded as a Professional Deputy.

Nigel Anthony Jones is one of three solicitors in Wales to be part of the Office of the Public Guardian Panel of Professional Deputies (https://www.gov.uk/guidance/panel-deputies-list-of-court-approved-professionals#wales ).  Nigel has acted as a professional deputy for hundreds of clients and Nigel and the Court of Protection team have vast experience in Court of Protection work.

If you would like us to make an application to the Court of Protection on your behalf or you would like a professional to be appointed as a Deputy for Property and Financial Affairs then please contact us on the details below so that we can take some information and assist you.

Contact

Email rob.thomas@jmdlaw.co.uk or call 02920456780 and ask for Rob Thomas who will take some initial information from you.

Categories: Deputyship

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