Court of Protection

When someone you care about lacks capacity to manage their own affairs, the responsibility to provide the required help and support.  For many dealing with the Court of Protection, completing the necessary forms, taking on the responsibility of acting as someone’s Deputy is a daunting prospect.

Oliver & Co can provide advice and support from a Specialised and Dedicated Solicitor who fully respects the provisions of the Mental Capacity Act 2005 can relieve much of the worry and work and will ensure that the dealings with the court of Protection are as smooth and efficient as possible.

Appointing a Deputy

What is a Deputy?

A Deputy is someone who is appointed by the Court of Protection to deal with the financial affairs of a person who no longer has the capacity to do so due to Mental Incapacitation.

Mental Incapacity is when an individual (hereinafter referred to as a “Patient”) is incapable, by reason of a mental disorder, of managing their own property and affairs.  The mental state of the patient must be certified by their Doctor as falling within the definition of Mental Incapacity before an application can be submitted to the Court of Protection.

Who can be appointed a deputy?

Anyone can be appointed a Deputy provided they can show to the Court of Protection that they are suitable.  The person often appointed is usually a family member however, in situations where there are no suitable family member a professional may take the appointment.  Either way the formal appointment requires the approval of the Court of Protection.

What are the deputies duties?

A Deputy is responsible for dealing with the financial affairs of the patient and their main duty is to safeguard the patient’s assets and meet their day to day financial needs.  This includes claiming all the state benefits they are entitled too, managing their bank accounts and discharging any liabilities. 

As and where applicable the Deputies duties can also include placing the patients property on the open market for sale and subsequently signing the documents required in order to complete the sale.

Accounts must be submitted annually to the Court of Protection noting all received and paid out by the Deputy therefore it is essential that receipts be kept and for ease opening a deputyship bank account will help.

Legal Services for Older Clients

Legal services for older clients covers a wide range of legal issues.  The main areas which we are competent to advise on are;

• Estate Planning and the Drafting of Wills and lifetime giving

• Lasting Powers of Attorney

• Court of Protection

• Living Wills

• Preserving Assets in the event of long term residential care

• Residential and Nursing home contacts

• Advice on financial responsibilities and funding for long term care

• State retirement and widow's pensions

• Long term care insurance policies

• Deferred Payment Schemes and Residential Nursing Home Contracts

• Welfare Benefits

• Probate and the Administration of Estates

• Tax planning

• Home equity release

• Mental Health legislation

Oliver & Co are happy to make visits to clients in their own homes, residential / nursing homes or hospital.

For further information or help please contact Sally Tipping on 01244 312306.

 

Click on the links below for further information:

Wills

Probate

Trusts

Equity Release

Administration of Estate

Court of Protection