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If a loved one ‘lacks mental capacity’ to manage their own personal finances or health and care needs, you may be required to apply to the Court of Protection for a Deputyship Order.
A person lacks mental capacity if they are unable to make decisions they need to make. A person may lack capacity because of an accident, illness, dementia or due to severe learning difficulties.
If the individual in question does not have a valid Lasting Power of Attorney in place they may find that their finances are frozen and professional bodies such as Medics or Local Authorities are making decisions for them instead of loved ones.
In order to legally manage a loved one’s finances or personal affairs, you’ll need to apply to the Court of Protection for a Deputyship Order. Once this Court Order has been granted you will have the authority to act on behalf of your loved one as their ‘Deputy’.
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A deputy is someone who can manage their loved one’s finances or personal affairs.
There are two types of Deputy
- Property and Financial Affairs Deputy; and
- Personal Welfare Deputy.
You can apply to become one type of deputy or both. Once the Order is granted it will tell you exactly what you can do.
If you are appointed as a Property and Financial Affairs deputy you may be able to do things such as access bank accounts to pay bills, or sell a property.
Meet our team
Chartered Legal Executive
“I enjoy meeting new and existing clients in order to assist them with the organisation of their affairs. With compassion and understanding I always strive towards being able to help clients feel comfortable and at ease with the legal processes their circumstances require.”