Wills, Estate Planning, Trusts & Probate > Court of Protection
MANAGING DEPUTY DUTIES
The Court of Protection is specialist Court and is the ultimate decision- maker in relation to those lacking capacity to make those decisions themselves.
DO YOU NEED ADVICE?
We advise on all contentious areas to do with the Court of Protection, such as:
- breaches of duty by attorneys under an Enduring or Lasting Power of Attorney
- breaches of duty by deputies appointed by a Court of Protection order
- best interests decisions, e.g. whether an individual who has lost capacity should have medical treatment, or where they should live
- Statutory Will Applications
We know that any dispute that goes to court can become very expensive very quickly, and takes even longer to resolve. Our team are therefore determined to use alternative routes wherever possible. Methods such as mediation are used to ensure that your case is settled as smoothly and cost-effectively as possible.
If someone does not have sufficient mental capacity to make a Lasting Power of Attorney, it is necessary to make an application to the Court of Protection to appoint a “Deputy”.
A Deputy will have power to manage the financial affairs of the person who lacks mental capacity. However, this can be limited by the Court and there are strict rules on how the Deputy can act and the types of decisions that they can make.
Deputyship applications can take more than three months to complete. A decision or payment may need to be made sooner than this. This could be for outstanding care home fees or other debts.
You can make an application for an “Interim Order”. This would give permission for certain acts to be done whilst the Court of Protection is considering the main application to appoint a Deputy. We can assist with these applications and let you know when such a request is appropriate.
We can also act as a Deputy if there is no one willing or able to act.
Annual Reporting to the Office of the Public Guardian
A Deputy will have to keep accounts and receipts as they need to submit yearly reports to the Office of the Public Guardian. This is the body who supervises the steps carried out by Deputies. We can assist with the preparation of these reports.
Health and Welfare
It is possible to make an application to the Court of Protection to be appointed Deputy to make decisions regarding health and welfare. Very few of these applications are approved by the Court of Protection. Our Private client team are able to give you advice on the Court’s views on any application so that you have a better chance of having it approved.
If you need further advice on how the Court of Protection works, please get in touch.
If someone does not have mental capacity to prepare a Will, it is possible to make an application to the Court of Protection to get a Will put in place. This is known as a Statutory Will.
This is very useful if someone does not have a Will and you need to put one in place. This is especially helpful if the intestacy rules would not give an appropriate outcome.
It may be that there is a Will in place but it is not effective. For example, the Will may contain a gift of a property to a family member, but the property has been sold to pay for care home fees. Another example could be where a beneficiary has passed on and a new beneficiary needs to be included.
These applications are very specialised as not all solicitors deal with these applications or know when a Statutory Will application is appropriate. Our team of specialist solicitors have lots of experience in making these applications. They can guide you through the process and make sure that any proposals made are reasonable and likely to be accepted by the Court.
Appointment of a Second Trustee
If a property owner lacks capacity and is unable to sell a property, often it is necessary to make an application to appoint a second trustee. This is to enable a sale to proceed. This can be the case where a property is jointly owned and the second owner is also the sole Deputy or Attorney.
We can guide you through the application process and assist with gathering all of the information and documentation required.
DO YOU NEED ADVICE?
YOUR COURT OF PROTECTION | PRIVATE CLIENT | TAYLOR ROSE TTKW EXPERTS
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