Lucy Cox, Solicitor in the Private Client Department of The Wilkes Partnership, Solihull, explains what a Deputyship Application is and the circumstances in which one might be required.
Lucy comments; “An individual may find themselves in a position where a relative or friend of theirs needs assistance with their affairs due to dementia or a stroke for example but does not already have a Power of Attorney in place and no longer has the understanding that would be needed to put a Lasting Power of Attorney in place.”
“If this is the case, there is an alternative procedure available, which is a Deputy Application. This application enables one or more individuals to apply to the Court of Protection to become that person’s Deputy in order to manage their affairs. The Deputy can then, under the supervision of the Office of the Public Guardian, make financial decisions for them such as sell their house, collect in their pensions and pay their bills.”
“It will ultimately be a decision for the Court of Protection who should be the Deputy having considered what is in the best interests of that individual. Generally, the Court of Protection will want to appoint a relative or a friend who is already familiar with that individual’s wishes and feelings but sometimes, due to conflicts between those interested in that person’s affairs, it might be necessary for the Court of Protection to appoint an independent professional Deputy instead, such as one of our specialist solicitors.”
If you would like to know more about the Deputyship Application process or you have concerns about somebody acting as a Deputy, please contact Lucy Cox at The Wilkes Partnership on 0121 733 8000.