Appointing a deputy

What happens if your relative has lost mental capacity, but there is no power of attorney in place?

When a person has not made provision for someone to act on their behalf to manage their personal and financial affairs and then is unable to do this because they become mentally incapable, it will be necessary to make an application to the Court of Protection for a deputy to be appointed. The deputy will then have the authority to deal with the financial affairs under the Order issued by the court.

Spearing Waite can assist with the initial application to the Court of Protection for the appointment of a deputy and the ongoing financial administration. We can also assist with further applications where permission is required to manage a person’s other affairs.

Becoming a deputy has legal responsibilities that are monitored by the Court of Protection and the decision to apply should not be taken lightly. The cost of applying to become a deputy and the ongoing annual administrative costs relating to being a deputy are greater than for an attorney and annual liability insurance is usually required. All costs are normally met from the client’s estate, thus reducing a family’s eventual inheritance.

Wherever possible, it’s always a good idea to arrange powers of attorney to avoid these applications and associated costs.

Get in touch

For more information on deputyship and the Court of Protection please contact us.

Contact the team below, or alternatively call on +44 (0)116 262 4225

Get in touch

We’re situated in the heart of Leicester’s commercial quarter, just minutes from the city centre. Get in touch with any queries you have, or alternatively, call us on 0116 262 4225.

Get in touch