What would happen in this situation?

The Court of Protection exists to protect those who lack the capacity to make decisions for themselves. This can be as a result of illness or a severe accident that can occur at any age.

The application is made by the person/persons wishing to be appointed to deal with an individual’s affairs in this situation.  The Court will decide whether an individual lacks the mental capacity to make decisions for themselves and whether the applicant is a suitable person to act as Deputy.

Is a Deputy the same as an Attorney and what is involved?

As opposed to an Attorney, who you choose, the Deputy appointment is decided by the Court of Protection and a Deputy Order will be issued.   This can be a member of the family or a Panel Deputy if the court deem the applicant unsuitable.  The Deputy Order sets out what a Deputy is authorized and not authorized to do. Once an Order has been made a Deputy will be able to deal with the day to day finances of the person to include: paying bills or care fees, buying food or clothing and selling or purchasing property to name just a few.

The Court of Protection will not always give a general authority to sell or purchase property in the future.  This is to protect the individual from future unauthorized deprivation of liberty.  This then means that the Deputy will have to reapply, at a further cost, to the Court of Protection for authorization to sell a property.  Families are not always local to the individual who is subject to the Deputy Order and therefore they may want them to live nearer to them.  There will be a need to sell their current home and move into another for this very purpose or they may need future nursing home care and need the proceeds of sale of their property to pay for that care.

Who can act as a Deputy?

Anyone over the age of 18 can be appointed as a Deputy but it is usually a family member, close friend or a solicitor. The Court of Protection will look at whether there is anyone who has a close connection to the person lacking capacity and would be able to carry out the role of Deputy. If there is no one suitable then it may be appropriate for a solicitor to be appointed as Professional Deputy.

 The application can be a long process with various documents that have to be submitted to the Court of Protection.  The Court will consider the suitability of the applicant to be a Deputy, whether they have ever been bankrupt or have had a previous IVA in place.  This can lead to the application by the applicant being rejected and the Court of Protection appointing a professional from the Panel Deputy list to act.   This will incur ongoing legal fees in this situation.

Are there ongoing cost implications for Deputies?

In addition to any fees payable for the application for the appointment of a Deputy there are ongoing costs each year that have to be paid from your funds.  These include annual supervision fees paid to the Office of the Public Guardian and an insurance policy known as a Deputy Bond that is renewed each year.

Planning for your future