Deputy Applications to the Court of Protection

When a loved one loses mental capacity and hasn’t appointed a Lasting Power of Attorney (LPA), it can be a stressful and confusing time for family members. This article BY Clodes Solicitors of Cardiff will guide you through the process of dealing with a persons financial and property affairs where the assets are held solely and no Attorney was appointed in the form of an LPA.

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows someone (the donor) to appoint another person (the attorney) to make decisions on their behalf if they lose mental capacity. There are two types of LPAs:

  • Financial and Property LPA: This grants the attorney the authority to manage the donor’s finances, property, and investments.
  • Health and Welfare LPA: This allows the attorney to make decisions about the donor’s medical care and living arrangements.

What Happens if There’s No LPA?

Without an LPA, you cannot automatically manage your loved one’s affairs. You’ll need to apply to the Court of Protection in England and Wales to be appointed as a deputy.

The Court of Protection Process

The Court of Protection process can be complex, but here’s a general outline:

  1. Capacity Assessment: You’ll need a medical professional to assess your loved one’s mental capacity to make decisions. This will be documented in a capacity report. Budget £500 to £1500 ex vat.
  2. Deputy Application: You’ll need to submit a formal application to the Court of Protection to be appointed as a deputy. This application will include the capacity report and details about your suitability to be a deputy. Budget around £2000 ex vat in solicitors fees where the application is not contested and is dealt with on a paper basis. Their will also be disbursement in the form of Court fees.
  3. Court Hearing: There may be a court hearing to consider your application. The court will assess the capacity report and ensure the proposed deputyship is in your loved one’s best interests.
  4. Appointed Deputy: If your application is successful, the court will grant you a deputyship order, formally appointing you as a deputy. The order will specify the type of deputyship (financial and property or health and welfare) and the extent of your powers.

Additional Considerations

  • Timescales: The Court of Protection process can take several months, so it’s important to be prepared for a wait.
  • Disagreements: If there are disagreements within the family about who should be appointed as deputy, the court will need to consider these at an oral hearing.

Remember:

  • Acting in your loved one’s best interests is paramount.
  • One must act promptly.
  • Seek legal advice to ensure you follow the correct procedures.
  • Be prepared for a potentially lengthy process.

By following these steps and seeking professional guidance of Clodes Solicitors of Cardiff, you can navigate this challenging situation and ensure your loved one’s affairs are managed effectively.

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