If someone you know loses mental capacity and they do not have a valid power of attorney, no one has authority to manage the financial affairs of that person or make decisions on their behalf. In these circumstances, an application to the Court of Protection needs to be made for an appointment of a DEPUTY.

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The application involves disclosure of the person’s finances and family to the Court, notification of those close to the person and a formal medical report from a medical professional confirming loss of capacity. Additional orders can be requested, such as for the sale of the person’s property.

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Once the application is submitted, it is reviewed by the Court of Protection. In most cases, this is a paper exercise but if the application is complex or contested, a hearing in person may be necessary.

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From submission, it usually takes between 9 and 12 months for the Order to be issued so it is much easier to make a power of attorney. During this period there remains no one with the authority to manage the person’s finances. In certain circumstances, an emergency interim order may be issued.

Once an application is granted, the deputy can run the person’s finances, much in the same way as an attorney under a power of attorney, albeit subject to more formal controls e.g., the annual submission of accounts to the Court of Protection.

We can help with any stage of the process and including assistance to those who have already been granted a deputyship. We are very experienced in this area and understand how difficult a time this is for all involved. We are trained Dementia Friends and always carry out our work with sensitivity and care.