20th December 2018
When someone loses mental capacity and they do not have Lasting Powers of Attorney in place, then family members will need to apply to become a Deputy. This will allow them to manage the financial affairs of the family member who has lost capacity. It is also possible for the family member to apply to become a Deputy for Health & Welfare. However these are more rarely granted.
Deputyship Orders are granted by the Court of Protection. The paperwork required to complete a Deputyship application is long winded and quite complex.
A Deputy must only make decisions that are in the client’s best interests and can only make decisions that are authorised by the Deputyship Order. If a family member wishes to carry out a transaction that is not authorised by the Deputyship Order, then they will need to make a further application to the Court of Protection.
The Private Client Team will be happy to guide you through the process of making a Deputyship application and can provide on going advice on the use of a Deputyship Order.
Court of Protection Applications
Sometimes a one off application to the Court of Protection may be needed. This could be where a trustee has lost mental capacity and needs to be retired by the other trustees. Alternatively, there may be a Deputyship Order in place for a family member, but the task that the Deputy wishes to carry out, such as selling a house, is not authorised by the Deputyship Order. In which case the Deputy will need to make a further application to the Court of Protection for an Order to allow the sale of the house.
The Court of Protection can also grant Orders allowing the Deputy to carry out Inheritance Tax planning on behalf of the individual who is subject to the Deputyship Order.
Please contact the Lamb Brooks Private Client team on 01256 844888 if you need any advice regarding making a Court of Protection application.
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Head of Private Client
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