We get the latest specialist advice from JCP Solicitors, which has an office in Caerphilly. Elize Blake, a Legal Advisor in Court of Protection, gives guidance on Deputyships.
My elderly mother has Alzheimer’s and she cannot manage her finances now. I know we have left it too late to put a Lasting Power of Attorney in place, so how can I manage her assets for her at this point?
You’re right – a Lasting Power of Attorney needs to be settled when the person involved still has capacity. At this point you would need to apply for a Court of Protection Deputyship.
Applying for a Deputyship can be complicated, and I would strongly recommend getting support with the application process from a legal professional, so you get the details right. Here are some pointers:
• If a Deputyship is granted by the Court, it would give you legal authority to make best-interest decisions about your mother’s property and financial affairs
• Anyone can apply to be appointed as a Deputy if they are over 18, with no criminal record and if they have not been declared bankrupt
• One person can be a Deputy, or several can act jointly. A Professional Deputy – often a Solicitor – can also be appointed
• A Deputy can manage things like bank accounts, household bills, property, pensions, shares & investments, and tax returns
• A Deputyship Order lasts for as long as the person lacks mental capacity and is unable to make their own property and financial decisions
• The appointed Deputy can apply to the Court to be discharged and a new Deputy can be appointed. However, the Court will consider whether this is in the best interests of the person who lacks mental capacity
For more information contact Elize 02920 860628 or elize.blake@jcpsolicitors.co.uk.
The question posed is based upon a hypothetical situation. This content does not constitute legal advice and is provided for general information purposes only.
