Where the person did not make a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) appointing an attorney, there is no one with the legal authority to act on their behalf and deal with the person’s bank accounts, pay bills and so on. Once mental capacity is lost it is no longer possible to put in place a LPA or an EPA.

In such circumstances it is necessary to make an application to the Court of Protection under the Mental Capacity Act 2005 for an order appointing someone to act as a property and financial affairs deputy.

The rules governing deputies are onerous and it is advisable to seek professional advice about the process from a lawyer who specialises in court of protection work.

The legal costs of successful applications in this regard are usually paid by the person lacking mental capacity.

Our lawyers’ recent experience includes:

Acting for many applicants to be appointed as deputy to look after the person’s financial and personal affairs.

Acting successfully for the deputy applicant in a contested deputy application heard by Senior Judge Lush in the Court of Protection in London.

 

Applying to have a mentally incapable trustee removed as a trustee and replaced by new trustees. This can often be required to deal with the legal title of a property where the mentally incapable person is one of the trustees of the legal title.

Applying for wider orders to the Court of Protection where the existing order is now too narrow.

Acting for a family who were seeking to sell their relative’s property urgently to avoid losing the buyer. Thursfields were able to guide the deputy through the process and get an urgent order progressed through the court in a matter of weeks to allow the sale to proceed.


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Wills

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Bereavement and Administration of Estates

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Court of Protection

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