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Deputyship and the Court of Protection

What happens if my relative has already lost mental capacity?

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.  We can also assist the Deputy with the ongoing financial administration if they wish.

We can assist with the initial application to the Court of Protection for the appointment of a Deputy and we can also assist with other applications to the Court of Protection where further permission is required to manage a person’s 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 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. 

For more information regarding deputyship and the court of protection please contact:

Marie Cooper
E-Mail marie.cooper@spearingwaite.com
Direct Dial 0116 242 1289
Mobile 0797 352 4687
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