We get the latest specialist advice from JCP Solicitors, which has an office in Caerphilly. Bethan Robart, a Trainee Solicitor in the Deputy Legal team, tackles an issue around Deputyships.
My brother has suffered a brain injury after an accident and he needs someone to manage his affairs. He is happy for me to do this. How do we put this in motion?
I’m sorry to hear about your brother’s accident. Hopefully, you seeking authority to make key decisions on your brother’s behalf will give him the comfort of knowing his affairs are being looked after. You need to apply to the Court of Protection to become your brother’s Deputy and you must be over 18.
Some things to consider:
- A Deputyship would give you legal authority to make decisions on your brother’s behalf if he no longer has capacity to arrange a Lasting Powers of Attorney
- Becoming a Deputy is an ongoing responsibility. You must keep records of your decisions and report to the Office of the Public Guardian annually
- It is common for a Solicitor to take on the role of Deputy. A Solicitor can also help with the application process – the costs may be recovered from your brother’s estate once you are Deputy
- Where possible, we recommend that more than one relative applies to be Deputy
There are two types of Deputyship:
- For decisions about someone’s property and financial affairs
- For decisions about their personal welfare
Arranging a Deputyship can be complex. It is vital to seek professional guidance. For more information, contact: bethan.robart@jcpsolicitors.co.uk or 02920 860628.
The question posed is based upon a hypothetical situation. This content does not constitute legal advice and is provided for general information purposes only.
