Court of Protection

Has your relative or close friend lost the ability to deal with their own affairs? Do they have bills and/or care fees that need paying but nobody can access their accounts? If so, you may need to consider making an application to be their Deputy.

If a person has lost their mental capacity and has not appointed anyone to act as their attorney either under an Enduring Power of Attorney or a Lasting Power of Attorney, then a Deputy will need to be appointed to act for them and look after their affairs. 

The application process involves completing a number of forms to provide the Court with all the information needed to decide whether or not your relative/friend needs a Deputy and whether you, the person applying to act as their Deputy, is suitable.

The Court will want full details of your relatives/friends personal and financial circumstances and a medical capacity report. 

As the proposed Deputy, you must also answer a number of questions about your own circumstances.  The declaration also includes details of the tasks and duties you as a Deputy must carry out. You must be able to assure the Court that you have the skills, knowledge and commitment to carry them out. You must also assure them that there is nothing that might make your appointment inappropriate, e.g. if you have severe financial and/or health problems yourself, or are bankrupt.

Submitting the Deputy application is only the start of the process and typically it can take around 6 to 9 months before a Deputy is officially appointed.

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Fees

Under a fixed fee package (set by the Court of Protection) Kieran Clarke Green Solicitors will advise and guide you throughout the whole process, including an initial meeting with you, completion of all appropriate forms on your behalf and liaising with the Court of Protection until the Deputy Order is issued.

You must also pay a Court fee of £371, an annual supervision fee and a bond fee to protect the finances of the person you are a Deputy for before you can start acting as property and affairs Deputy.

You are entitled to claim back all the fees from the funds of the relative/friend you are appointed to act as Deputy for

For further information or to arrange an appointment, please contact our dedicated team today.