Case study - Deputyship application

We assisted a client whose relative lacked capacity to manage her finances and had no Lasting Power of Attorney in place. With increasing care needs and ongoing expenses, formal authority was required to safeguard her wellbeing and assets.

Legal Risks

This matter presented several important legal and practical challenges:

• Lack of Capacity - the client was no longer able to manage her property and financial affairs.

• No LPA in Place - without pre-existing authority, an application to the Court of Protection was required.

• Safeguarding Considerations - family dynamics were complex, meaning careful notification of interested parties was essential.

• Asset Protection - immediate steps were needed to prevent financial mismanagement or risk to property.

• Procedural Scrutiny - Deputyship applications are closely reviewed by the Court and the Office of the Public Guardian (OPG), requiring detailed and accurate evidence.

Our Approach

Our role was to remove the burden from the client while ensuring the application met the Court’s rigorous standards. We started with a comprehensive information gathering process, collecting the key information required to support the application, including:

• The clients personal details - date of birth, address, and living arrangements.

• A full overview of finances - income, expenditure, savings, and other assets.

• Details of income and ongoing financial commitments.

• Information about relevant family members and interested parties

We also co-ordinated the formal capacity assessment, a critical component confirming that our client's relative lacked the ability to make decisions regarding her financial affairs.

Outcome

The Court approved the application and appointed us as deputy. We immediately:

• Registered the Court order and secured our clients assets.

• Placed Land Registry restrictions on property.

• Managed household bills, care costs, and property maintenance.

• Administered her finances in her best interests.

• Ensured ongoing compliance - Deputies operate under continued supervision, and we ensured we understood and met these obligations, including filing an annual report to the Office of the Public Guardian,· maintaining the required security bond (insurance protecting assets), keeping detailed records and conducting regular visits to monitor our client's welfare.