Deputyship and Court of Protection
Although we are aware that diseases such as dementia or a traumatic brain injury can rob us of our mental capacity, we all hope that such an event will never happen to us or someone we love. Unfortunately, as we are all living longer, the risk of someone being unable to manage their affairs at some stage of their life is relatively high.
Therefore, if a person you love loses mental capacity, and they have not prepared a Lasting Power of Attorney then, our Court of Protection Solicitors can assist you in making an application for Deputyship.
Below are some of the most common questions we are asked about Lasting Powers of Attorneys.
What is the Court of Protection?
This is a specialist Court whose objective is to protect vulnerable individuals whom lack the mental capacity to deal with their own affairs.
In carrying out this duty, the Court of Protection will seek evidence that the person has lost mental capacity, and usually an assessment by the individuals GP or Consultant regarding the same will take place. The Court must also be satisfied that the person/people applying to be a Deputy can be entrusted to act in the individual’s best interests.
What is a Deputyship?
A Deputyship involves the Court of Protection appointing a person, known as a Deputy, to manage the property and financial affairs of a person who no longer has the mental capacity to make such decisions for themselves.
In most cases a Deputy is a family member or close friend, however, they can be a professional such as a Solicitor for example.
Every application concerning the appointment of a Deputy is dealt with by a specialist judge in the Court of Protection. The judge will make an Order that sets out the powers the Deputy will have, such as managing their finances or selling a property. Once a Deputyship is put in place it is legally binding.
What is the process for appointing a Deputy?
To become a Deputy for someone you must:
- Be over 18 years of age.
- If you are applying to be a property and financial Deputy you must show the Court of Protection that you have the necessary skills to manage someone’s financial affairs.
The appointment process of a Deputy normally takes around six to seven months.
Why choose us?
Becoming a Deputy can be a little overwhelming, as you will be concerned about the responsibilities involved and starting the process. However, our Court of Protection Solicitors can provide you with sensitive support and guide you through the application for deputyship for your loved one. Thereafter, we can assist on matters such as:
- Submitting Annual reports to the Office of the Public Guardian.
- Selling property and assets, including the incapacitated person’s home to pay for care.
People choose and recommend us because we can offer a good service, with first class solicitors who understand the importance of explaining matters clearly and alleviating your worries. We are a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with a streamlined service.
To talk to us about making an application to the Court of Protection for Deputyship, please call us on 02476 231000 or email enquiries@askewslegal.co.
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Fees
Depending upon the complexity we are able to offer fixed fees in some cases. In other cases our solicitors charge the following hourly rate:
- Partner/Member SolicitorHourly rate of £250 + VAT
- Senior Solicitor or Head of Dept: (PQE 8yr+)Hourly rate of £225 + VAT
- Assistant Solicitor/Fee Earner (PQE 3/7yr)Hourly rate of £200 + VAT
- Newly Qualified Fee Earner (PQE 1/3yr)Hourly rate of £170 + VAT
- Paralegals/TraineesHourly rate of £120 + VAT
- Support ParalegalsHourly rate of £100 + VAT