Court of Protection (Finance)

If someone lacks mental capacity and did not make a lasting power of attorney or an enduring power of attorney, while they still had “capacity”, then an application will need to be made to the Court of Protection for a deputy to be appointed to manage their affairs.

The Court of Protection deals with applications to appoint deputies for those who lack mental capacity and are unable to manage their own affairs or make decisions at the time they need to be made. The Court of Protection also deal with other applications such as to sell someone’s home, to buy a property, to make a statutory will, to terminate a tenancy and to make gifts. Once a deputy is appointed the Court of Protection alongside the Office of the Public Guardian help to supervise deputies and can investigate any safeguarding concerns.

What is a deputyship?

There are two types of deputyship:

• A deputy for property and financial affairs can make decisions about financial matters such as paying bills and managing pensions and property
• A deputy for health and welfare can make decisions about medical treatment and how someone is cared for.

It is rare for the Court to appoint a deputy for health and welfare decisions. The Court would usually prefer to make orders for health and welfare matters on a one-off basis, rather than appointing a deputy to make these decisions on an ongoing basis. If you are looking for assistance with a health and welfare issue, further information can be found here or you can contact us on 0191 232 9547 and ask to speak to our Court of Protection health and welfare team.

Deputy for property and financial affairs

Our experienced solicitors can assist and guide you through the slow and complex application process to become a deputy for property and financial affairs for your loved one.

Once you have been appointed as a deputy by the Court of Protection, you will need to manage the affairs of your loved one and send an annual deputy report to the Office of the Public Guardian each year to explain the decisions you have made. Your role may also involve:

• Completing tax returns
• Purchasing and/or selling property
• Obtaining advice from financial advisors
• Making an application for a statutory Will
• Ensuring all benefits are being claimed
• Ensuring any money is appropriately invested.

You will need to apply to the Court of Protection if you need to change or renew the court order.

If you have a family member or friend who needs a deputy to assist with their financial affairs but there is no one able or willing to take on the roll, we can be appointed as a professional deputy for property and financial affairs. Professional deputies are monitored by the Court of Protection and Office of the Public Guardian on an annual basis to ensure they are acting appropriately.

For further information or to arrange an appointment, please contact us on 0191 232 9547.