If an individual is unable to make decisions about their money or property because they have lost mental capacity, the Court of Protection can appoint someone to assist. Usually, this is a family member or a close friend. However, what happens when there is no one suitable or willing to take on this responsibility?
This is where a professional deputy can step in.
Why choose a Professional Deputy?
Managing someone’s finances is not simply about paying bills. If they own property, have investments, or a complex estate, it requires careful and informed management. A professional deputy:
- Has specialist knowledge and experience in the law and financial management.
- Acts independently, avoiding family conflict.
- Ensures everything is handled correctly and in the person’s best interests.
My role and recent news
I have been a member of the Office of the Public Guardian’s (OPG) Panel of Professional Deputies since its inception in 2001, and I am pleased to confirm that I have recently been reappointed. This allows me to continue supporting individuals who require assistance.
In addition, Roythornes Trustees Limited, our Trust Corporation, has now also been appointed to the panel.
Why choose a trust corporation?
- Provides continuity – decisions will not be disrupted by the absence of an individual deputy.
A real-life example
We were asked to assist a client who had a diagnosis of early onset Alzheimer’s Disease and who was living in residential care on a full-time permanent basis. His care bills had not been paid for 2 years as no one had access to his funds. He owned several properties and investments including his former home which had been declared as uninhabitable by the Local Council. He had no family, and his partner of 30 years was himself unwell and did not feel he was able to take on the role. The Court of Protection appointed Roythornes Trustees Limited as his deputy.
We:
- Arranged for clearance decontamination of his former home.
- Arranged for the reconstruction of the title to the properties as the unregistered deeds had all been destroyed in a fire at his home office.
- Arranged the sale at auction of the portfolio of properties.
- Ensured his care costs were fully covered.
- Managed his properties and rental income until sale.
- Implemented long-term plans to protect his financial position including instructing a Financial Planner to invest his remaining cash for his long-term benefit.
- Commissioned a genealogy report to establish that on his death under the intestacy rules distant cousins in Australia were to inherit.
- We made an application to the Court of Protection seeking an order for the deputy to execute a statutory Will in which his partner would benefit, and Roythornes Trustees were appointed as executor of the estate.
Without a professional deputy, his affairs could have become disorganised. Instead, everything is now managed effectively and in his best interests.
What our clients say
"Having Roythornes step in was a huge relief. I knew everything would be handled properly. It gave me peace of mind during a very difficult time."
When should you consider this option?
- If the estate is complex or high value.
- If there is no family member or friend who can assist.
- If you want the reassurance of professional, regulated management
If you would like to discuss your options or learn more about how we can help, please contact our Private Client team.