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Court of Protection Solicitors: Finances

Court of Protection: Managing Finances

 

Our Court of Protection finance team specialises in acting for clients who need support with managing their finances. Our clients lack capacity to run their financial affairs and have savings, investments or property.

 

If your case concerns making decisions about how a vulnerable person is cared for, please go to Court of Protection: Care.

What is a Court of Protection Deputy?

 

A deputy is appointed by the Court of Protection for a person who lacks mental capacity to manage their finances.

 

The role of a deputy is similar to that of a trustee – they must always act in the best interests of the incapacitated person.

 

In many cases a close family member will be appointed as Deputy, but there are circumstances when a professional person, usually a solicitor, is appointed as deputy.

 

The Court of Protection can also appoint a deputy to make health and welfare decisions. The Court will only do this if there is a dispute over care or residence.

 

What does lacking mental capacity mean?

 

The test for mental capacity depends on the type of decision that needs to be made. The person must have an impairment of the mind which means that they cannot make a decision because they are unable to either:

  • understand information, or
  • retain information, or
  • weigh up the pros and cons of a decision or
  • communicate the decision.

 

There are many people who may lack mental capacity, such as those with dementia, a learning disability, brain injury, cerebral palsy or mental health problems.

When is a Court of Protection Deputy Required? 

 

A deputy is needed when the incapacitated person has a substantial sum of money or assets to manage. This may be because they have received an award of damages or an inheritance.

 

A deputy is not needed if the person has previously set up a Lasting Power of Attorney. You have to have capacity to set up a Power of Attorney.

 

How can we help?

 

We can assist with:

  • Applications to appoint a deputy,
  • Acting as professional deputy and trustee,
  • Advice and support for people acting as lay deputy,
  • Setting up Lasting Powers of Attorney and
  • All types of Court of Protection applications.
Why use Duncan Lewis Solicitors?

 

We specialise in Court of Protection work for vulnerable clients and act as Professional Deputy for many clients. 

 

Our team is headed by Philippa Barton who is recognised in Chambers as a specialist in this field.

 

As professional Deputy, we ensure that our clients have everything they need to enhance the quality of their lives and that they are empowered to make choices and be involved in decisions as much as possible.

 

Our deputyship work is supervised by the Office of the Public Guardian. The amount we can charge for our services is determined by the Court.

 

The relationship between a Professional Deputy and the client is very personal and can last for many years and we pride ourselves on building close and long lasting relationships with our client.

 


For all Court of Protection related matters contact us online now.Contact Us

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