Although it is sensible to put in place Lasting Powers of Attorney either for Property and Financial Affairs or Health and Welfare (or preferably both) while you are fit, able and retain mental capacity to provide instructions for those documents to be prepared, sometimes it is not practicable or possible to do so.
In a situation like this, all is not lost if an individual loses capacity and is unable to either manage their financial affairs themselves or make decisions as to health and medical issues.
It is possible for a member of the individual’s family, or a close friend if more appropriate, to apply to the Court of Protection to become somebody’s ‘Deputy’. A Deputy is somebody appointed by the Court, upon Application or under the Court’s own jurisdiction in some circumstances, who is authorised to make decisions on the part of the individual who lacks mental capacity.
Once the Order has been made by the Court of Protection it enables the Deputy or Deputies to make decisions about an individual’s money, investments, property, health or welfare. Sometimes it is necessary to make a further Application to the Court of Protection if certain other important decisions need to be made once the main Deputyship Order has been granted. Sometimes, for instance, it is necessary to apply to the Court for a Statutory Will for an individual, who no longer has capacity to make a Will for themselves.
In addition, the Court is working behind the scenes, should any particular questions arise, to aid and advise the Deputies, as they work out their role. Each year a Deputy is asked to complete an account, which is submitted to the Court, for the Court to analyse how the individual’s money, property, expenses have been organised and met during the year. This is a useful tool, as it gives support and encouragement to the Deputy, while they manage their role.
Very often, the ‘individual’ is an older person but that is not always the case. Sometimes it is necessary to apply to be a Deputy for a younger person if they are unable to manage their affairs themselves.
It can be a lengthy paper exercise when making an Application to the Court of Protection and we are certainly able to assist you in this Application, either by submitting the Application for you, assisting from start to finish or advising on an ad hoc basis, if you choose to make the Application yourself. In either situation or for more general advice, please do not hesitate to contact the office to speak to Natalie Harvey on (029) 2047 0909