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Deputyships for the Court of Protection

Professional Deputyship Solicitors

 

If you are unable to manage your affairs and make your own decisions due to old age, injury or illness and you don’t have a lasting power of attorney in place, the Court of Protection may decide to appoint a deputy to act on your behalf.

At Clifford Johnston & Co. we can provide Professional Deputyship services to our clients, helping to alleviate the overwhelming responsibility and stress of the situation.

If you wish to make an application to the Court of Protection and are considering a professional deputy, call our team in confidence today on 0161 975 1900.

Power of Attorney

A power of attorney is a legal document that allows someone to nominate a named individual to act on their behalf and make decisions about their finances and welfare if they are ever unable to do so for themselves.  This decision needs to be made while the person still has the mental capacity to do so.  Without a valid power of attorney, the Court of Protection will appoint a deputy instead.

What is a Professional Deputy?

The Court of Protection is the specialist court responsible for protecting the interests of vulnerable people who are unable to make decisions for themselves as detailed in the Mental Capacity Act of 2005.

The Court of Protection will make a decision to appoint a deputy to manage your welfare, property or financial affairs when you can no longer make decisions for yourself and when you have no valid lasting power of attorney in place.  The person appointed as your deputy can be a relative or friend, known as a lay deputy, or someone acting in a professional capacity such as a solicitor.

There are number of instances why a professional deputy is the preferred option including:

  • Significant compensation has been awarded due to personal injury or medical negligence.
  • Family feel unable to take on or continue with the role of a deputy.
  • Significant disagreement amongst relatives makes carrying out duties difficult for a lay deputy.

If a professional deputy has been appointed in a financial capacity they will become responsible for matters such as:

  • Buying or selling property
  • Paying bills
  • Insuring property
  • Arranging pension payments
  • Managing benefits
  • Ensuring access to sufficient funds
  • Submitting annual accounts
  • Preparing a statutory will

A professional deputy who has been appointed to handle your health and welfare will carry out duties including:

  • Liaising with medical professionals and specialists.
  • Deciding where you should live.
  • Arranging for your property to be adapted if required.
  • Employing a suitable care team.

Our expertise in Professional Deputyships

With more than 30 years’ experience acting on behalf of clients as professional deputies and having worked on many complex cases, our legal team have the specialism and skill required to make the correct decisions on a broad range of matters.

We are always mindful that everyone’s individual circumstances are different and will provide you with a fully bespoke service to suit your specific needs. We will assist you with and advise you on issues such as:

  • Obtaining medical evidence on mental capacity.
  • Preparing application forms.
  • Gathering relevant information.
  • Application timescales.
  • The process once a deputy has been appointed.
  • The roles and responsibilities of a deputy as outlined in the Mental Capacity Act 2005.
  • How your deputy will be supervised.
  • Fees and charges.

Although appointing a deputy is a huge step to take, it does not mean that you have relinquished all control over your affairs. As your professional deputy we will work closely with you to ensure that you are happy and fully informed at all stages, explaining everything clearly to help ease any worry, stress and concern.

We will deal with your situation sensitively and with understanding and are happy to come and meet you at your home to help you feel as relaxed and comfortable as possible. Our friendly and personable approach will help to put you at your ease and we will provide clear and straight forward advice to make sure you have the best possible support and guidance at all times.

Contact our Professional Deputyship team

If you would like to arrange an initial discussion with our Professional Deputyship team, please call to speak with our Wills and Probate Solicitors in Stockport or Manchester. We are here to help so call us in confidence.

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