LATEST TWEETS

Thinking of redeveloping an empty pub for commercial use? Ben Mitchell, Commercial Property Solicitor provides guid… https://t.co/BndYUZJHCu
How long does probate take? https://t.co/nug0X7U60O
Coming to terms with the death of your spouse or partner will take time, but at some point you will need to think a… https://t.co/4vhdfBqqGL
Top tips for selling your home in a flat market from Claire Wicks, Chartered Legal Executive in our Conveyancing te… https://t.co/9QrGABcQzC

The role of a court appointed deputy

If a friend or relative has lost mental capacity and there is no power of attorney in place, it may be necessary to apply to the Court of Protection for a deputy to be appointed.

 

Deborah Adams, Head of Private Client department at Parnalls in Launceston explains what a deputy is and their role.

 

What is a deputy?

 

A deputy is an individual appointed by the Court of Protection to look after the affairs of a person who can no longer make their own decisions. This might be because they have a condition such as dementia or are suffering from a brain injury or mental illness that affects, for example, their ability to deal with their finances.

 

Types of deputy

 

There are two types of deputy:

 

  • one for managing property and financial affairs; and
  • one for dealing with personal welfare issues, such as medical treatment or deciding where a person should live.

 

An application can be made to appoint one or both types of deputy.

 

Who can act as a deputy?

 

Usually a family member or close friend is appointed to act as a person’s deputy.  Alternatively, a professional such as a solicitor or accountant can be appointed.

 

The powers and duties of a deputy

 

A deputy has wide powers to manage a person’s day-to-day and longer term financial and personal affairs. They can also make decisions that a person is no longer able to make for themselves.  Typically, this would include managing a person’s bank accounts, paying bills, settling care home or carer’s fees, applying for state benefits, dealing with pensions and investments, making decisions about how a person should be cared for and whether they should receive medical treatment.

 

Very often a deputy will need help from professional advisors to do their job properly.  They may also need special approval from the court to do certain things, such as to sell a person’s house or to provide an income for a person’s children if the original order appointing the deputy was not wide enough to cover these actions.

 

Everything a deputy does must be done in the best interests of the person they have been appointed to act for.

 

Are deputies supervised?

 

The Court of Protection supervises deputies and requires them to keep comprehensive financial records of all transactions and to submit a full deputyship report each year.  On occasions a deputy may be visited by a representative of the court who will want to check their paperwork and discuss how things are going.

 

Deputies must take out special insurance each year to protect the assets of the person they are looking after.

 

Is there anything I can do to avoid the need for a deputy?

 

The need for a deputy can be avoided if, before a person loses mental capacity, they create a lasting power of attorney appointing a friend, relative or professional advisor to act on their behalf in making the sorts of decisions a deputy might otherwise have to make for them.  Doing this is relatively straightforward and costs significantly less than having to apply to appoint a deputy.  Creating a lasting power of attorney is something your solicitor can help you with.

 

For a confidential discussion about court appointed deputies or powers of attorney, please contact Deborah Adams or Jonathan Pounder on 01566 772375 or email adamsd@www.parnalls.com or pounderj@www.parnalls.com

 

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.   Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

MORE NEWS

Redeveloping an empty pub for commercial use

Why it takes time to obtain the Grant of Probate

Social Media: The unconscious privacy threat

Is your reputation being threatened?

Making a will after your spouse or partner has died

Interns celebrate completion of internship at solicitors

Selling your home in a flat market, some top tips

Claiming compensation for a serious road traffic accident

New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow

Has your personal information been shared without your permission?

Planning your escape to the country, what you need to consider – part 2

Government consultation on new national model for shared ownership

Choosing a partnership structure

Planning for what happens when you die by Deborah Adams

Changes to legislation could offer protection for tenants in the private rental sector

Move to the country - Part One

The risks of DIY probate

Will your septic tank still be legal in January?

The death knell for ‘kiss and tell’?

Making a will when you retire

Selling your property at auction

Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures

New threshold of seriousness in defamation proceedings

Legal considerations when building a granny annex

Choosing the right person for your power of attorney

Formal Interviews - Do you need legal representation?

Privacy rights and aerial images

Trustees’ duty to give information to beneficiaries

Five problems with a leasehold property

Taking your first commercial lease

Is your organisation protected from employee social media legal risk?

Have you been targeted by negative social media posts?

Farmers be alert when being inspected

Help for House Sellers?

Don’t let your digital assets end up in a digital grave

Valuing an estate for probate

Development proposals and your local authority search

What can you do if your child is injured in a serious accident

NetRights welcomes new protection for social media users

SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?

Supreme Court recognises that social media is a “casual medium” in libel battle

Choosing the best conveyancer who is right for you

Making a will after a second or subsequent marriage

Option or promotion agreement – which is best for landowners?

Anonymous pub and restaurant online reviews leave a bad taste

Have you had an accident involving a horse?

Help to Buy – beware of some cracks in the structure

Understanding Lasting Powers of Attorney

Changes to Energy Performance Certificate for Landlords

Had a cycling accident? Your route to obtaining compensation

New year, new home: tips to sell your home in the New Year 

Tax Planning for your inheritance

Hearing loss: when your employer may be liable

Buying a home for your retirement, five things you need to consider

Farmers plan to diversify after Brexit

Ministers press ahead with probate fee shake-up - reports BBC News

Botched dental treatment? You may be entitled to compensation

Why a Health and Welfare Power of Attorney is a good idea

Will the new charge on building developments in Cornwall affect you?

Energy Performance Certificates – Do They Matter?

HMRC Challenging Stamp Duty Land Tax Payments

Ben Mitchell qualifies as a solicitor

The potential implications of Brexit on employment law

Appointing a guardian for your children

Houses in multiple occupation – new rules from October 2018

New Agriculture Bill published

Will Brexit affect my pension?

Dreaming of a holiday home? Sort out the legals before putting your feet up

Lasting Power of Attorney by Deborah Adams

Settled status after Brexit by Alexis Hager

How to choose an executor to administer your estate when you die

How overage agreements can boost profits from your land

Top tips for first-time buyers

How Could Brexit Affect My Farm?

Wills & Succession in Spain by Deborah Adams

Brexit ­– an international and local view by Alexis Hager, Litigation

Capital gains tax - important facts for non-residents of the UK

Buying a home: the importance of making sure the seller is entitled to sell

Changing a will after someone has died: it is possible and it could save you money

Your responsibilities when you have people working in your home

Sad passing of Battle of Britain pilot who served with Parnall family member

Considerations when buying a heritage property

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.

Selling your land through a conditional contract

Why you should always use a solicitor to prepare your will

Putting your legal affairs in order

How to extend a lease on a flat or buy a share of the freehold

Delayed Health Checks

New Marketing Team at Parnalls Solicitors Ltd

Social media: snooping in the recruitment process

A landlord's guide to tenant alterations

Equity release, your questions answered

Short term lettings: avoiding the pitfalls

How to apply for a grant of probate

Are you entitled to a fee refund for your Lasting Power of Attorney?

What to do when someone dies

Business disputes: can they ever be avoided?

Accident at work: what to do and when if you have been injured

Director appointment

What type of will do I need?

Business rates: a financial ticking time bomb (Part 2)

Conveyancing quotes: what you need to know

New appointment in Litigation

Property boundaries and rights of access: what are they and why do they matter?

Mental Health - we can get you the help you need

Business rates: a financial ticking time bomb (Part 1)

Leaving a gift to charity in your will

Parnalls helps two leading Devon organic meat companies to become one

Katherine Flashman Kitson is appointed Governor of St Joseph's School, Launceston

Financing your home purchase (Part 2)

New rules on debt recovery may delay payment of consumer debts

Making financial gifts during your lifetime (Part 2)

Our Guide to Lasting Powers of Attorney for Your Business Interests

Financing your home purchase (Part 1)

Careless replies to pre-contract commercial property enquiries could land you in trouble

Making financial gifts during your lifetime (Part 1)

Property referrals and recommendations - what to consider

World Alzheimer’s Day: Three-step plan to get your legal affairs in order

Legal considerations when setting up a business (Part 2)

How to avoid falling victim to property fraud

What are the key terms that need to be covered in a commercial lease? Part 3

Top 10 reasons to use a solicitor to make your lasting power of attorney

What legal considerations do I need to think about when setting up a business? (Part 1)

Why you need to update your will as soon as you decide to separate or divorce

What are the key terms that need to be covered in a commercial lease?  Part 2

The Bank of Mum and Dad: top tips when lending money to your children  

DON’T ACCEPT 50/50 ON AN ACCIDENT IN A COUNTRY LANE

The importance of insurance when life trips you up

The role of a court appointed deputy

What are the key terms that need to be covered in a commercial lease?

Ten common debt recovery mistakes

How do I know if my relative has the mental capacity to make a will?

Motorcycle accidents - what to consider when claiming compensation

Top tips for pushing your house purchase through as quickly as possible

How does the new inheritance tax perk work?

The ultimate personal injury and accident claim checklist

Jargon-busting guide to Lasting Power of Attorney

10 reasons to appoint a Personal Injury solicitor

What happens when mum or dad are ill and can’t make decisions?

How firms can take advantage of the rise of alternative finance

Should Stamp Duty be abolished?

Teenager paralysed after falling off a horse awarded £3 million in compensation

RBS to pay investors £800 million

Not happy with your accident claim lawyers?

Parnalls expands its litigation team

Hard work pays off for our Trainee Legal Executive.

Katherine Scott Flashman Kitson celebrates 20 years

How will the new Residence Nil Rate Band (RNRB) affect you?

Exciting new business hub unveiled in North Cornwall

Be careful what you post on Facebook

Parnalls rolls out the support at Wadebridge Wheels

New trainee solicitor appointed

Mark Parnall comments on Brexit in The Law Society Gazette