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.


UK_leading_firm_2015_MR Dementia-Action-Alliance-logoDementia-Friends-logo-UpdateSFE-logo

Wills

Trusts, Tax and Estate planning

Bereavement and Administration of Estates

Care and Capacity

Court of Protection

Deputyship Applications

Professional Deputyships

Statutory Wills

Gifts

Care Home Funding

Latest News

20 Feb

The Death of Smallprint?
Read more

Share

29 Views

0 Comments

18 Feb

Bigger offices for Thursfields as expanding Birmingham team is shortlisted in Law Society awards
Read more

Share

119 Views

0 Comments

Upcoming Events

20 Feb

HR Exchange - What the #MeToo movement means for employers
Read more

Share

561 Views

0 Comments

07 Mar

Thursfields Ladies Golf Networking
Read more

Share

3656 Views

0 Comments