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When a loved one lacks the mental capacity to manage their own affairs, it can be challenging to ensure that they have the help and support necessary to make sure their needs are met. Becoming a Court of Protection deputy can allow you to make important decisions for your loved one, including about their money, property, health and wellbeing.
Applying to the Court of Protection can be complicated, however, so it is strongly recommended to take legal advice to help the process go smoothly and to ensure you understand everything involved in taking on this responsibility.
Our specialist Court of Protection solicitors can guide you through making a Court of Protection application, as well as advising you on carrying out the duties of a deputy and making additional one-off applications e.g. for a Statutory Will. We can also advise on resolving deputyship disputes e.g. where a relative raises an objection to your deputyship.
We offer clear, compassionate legal advice every step of the way to ensure your loved one gets all the help and support they need.
Get in touch with our Court of Protection solicitors in Spalding now by calling 01775 842505 or feel free to pay us a visit.
Our specialist Court of Protection lawyers can help with a wide range of issues, including Court of Protection applications, advice for deputies and deputyship dispute resolution.
We can guide you through applying to become a Court of Protection deputy, as well as applications for selling a property, applying for a statutory Will and other one-off issues.
Our Spalding Court of Protection solicitors regularly advise deputies on carrying out their duties, including correctly interpreting and following the terms of a Deputyship Order and meeting legal requirements, such as producing annual accounts.
We can advise you and help you find positive outcomes for disputes over a deputyship quickly and effectively, allowing you to avoid court action in most cases.
A deputy’s role is to help someone without the mental capacity to make important decisions to manage their affairs. There are two different types of deputyships and your exact duties will depend on which you apply for.
Property and financial affairs deputy – Can make decisions over issues such as paying bills and organising a vulnerable person’s pension.
Personal welfare deputy – Can make decisions about a vulnerable person’s medical treatment, as well as about their day-to-day care e.g. their diet, how they are dressed etc.
You will need to complete and submit a number of forms to the Court, including:
Court of Protection application form – Setting out the nature of the application and who this will affect.
Assessment of Capacity form – Where an appropriate professional will need to provide their assessment of the vulnerable person’s mental capacity.
Deputy’s Declaration – Covering your personal and financial circumstances, as well as explaining how you would make decisions as a deputy.
This typically takes around 2-3 months, but will depend on the circumstances, including whether anyone objects to the application. If there are any objections and/or the Court decides a hearing is required, it can take longer.
Anyone over the age of 18 can potentially be a deputy, although they will need to be deemed suitable by the Court of Protection. Most deputies are family members or close friends of the vulnerable person, or professional deputies, such as a solicitor.
Our Court of Protection solicitors offer clear, effective advice for people supporting vulnerable people. We understand how confusing and stressful dealing with this level of responsibility for a loved one can be, so offer sensitive, empathetic support tailored to your needs.
The team is led by Roythornes’ Partner Elizabeth Young, a highly experienced lawyer who sits on the Court of Protection Panel of Professional Deputies and is a member of Solicitors for the Elderly (SfE).
Elizabeth is supported by an exceptional team, including solicitor Gemma Hopper, who has a strong background in handling complex deputyship issues and deputyship disputes, and specialist Court of Protection Executive Alexandra Stephenson, who is an Alzheimer’s Society Dementia Friend.
We will be happy to discuss your needs over the phone or via email and we can visit you in your home or care home where required.
For help with any Court of Protection issues in Spalding, Lincolnshire and the surrounding area, please call our specialist Court of Protection solicitors now on 01775 842505 or pay us a visit.