However, in cases where there is no power of attorney, it becomes necessary to make an application to the Court of Protection under the Mental Capacity Act 2005 for an order appointing someone as a property and financial affairs deputy. Following their appointment, the deputy will be subject to supervision by the Office of the Public Guardian (OPG). The OPG plans to closer supervise deputies, currently their duties may include:
- Producing annual accounts for the OPG.
- Dealing with the person’s tax affairs.
- Ascertaining benefit entitlements and applying for and securing the same.
- Managing all financial affairs.
- Arranging to maintain and insure any property.
- Selling or letting property.
- Investment of funds.
- Application for a statutory will.
- Application for authorisation of gifts.
- Making decisions on matters for person who has lost capacity.
There are many reasons why there is often no-one suitable, willing or with enough time to take on the role of a deputy with all its responsibilities. At Thursfields we are regularly appointed as professional financial deputies by the Court of Protection and our teams of lawyers are ideally placed to assist you in this regard.
Our lawyers’ recent experience includes:
Applying to be the professional deputy for a mentally incapable person.
Applying to be a new trustee to replace a mentally incapable trustee.
Liaising with the Adult Safeguarding Team of the local council on issues to include, where the council then mounted a Section 42, Care Act 2014 investigation.