Where someone does not have mental capacity to make decisions about his or her property and affairs and has not appointed an attorney under a lasting power of attorney, there will be no one with legal authority to manage his or her financial affairs. If a person lacks capacity, an application can be made to the Court of Protection to appoint a deputy to help make decisions on his or her behalf, either on a temporary or permanent basis. The deputy can be a professional or ‘lay deputy’, for example a friend or a family member.
To minimise the worry and difficulties involved, professional advice should be sought so that the person’s financial and personal affairs can be dealt with in an efficient and appropriate manner.
Our services include:
- acting as a professional deputy for property and financial affairs
- assisting with applications to the Court of Protection for appointment of a lay deputy
- advising lay deputies on the legal requirements of the Mental Capacity Act 2005 and the Code of Practice including decisions relating to an individual’s personal welfare
The duties of a deputy will cover such broad range of work as:
- arranging the investment of funds and then dealing with reviews and valuations of any investments
- financial management, payment of bills and monitoring of cash flow
- arranging the purchase of appropriate accommodation, equipment and arranging any necessary alterations and adaptations
- appointment of a case manager and recruitment of an appropriate care team
- setting up therapy treatments
- liaising with family, case managers and members of any care team
We can perform these tasks or assist the lay deputy to do so.