Deputyships and Court of Protection are legal provisions in the UK designed to protect the interests of individuals who lack the mental capacity to make important decisions for themselves. When a person becomes incapable of managing their financial affairs due to age, illness, or disability, and has not previously established a Lasting Power of Attorney (LPA), the Court of Protection can step in to appoint a Deputy on their behalf.
Obtaining a Deputyship involves a thorough application process, where a family member, friend, or a professional, known as the Deputy, applies to the Court of Protection to be appointed as the decision-maker for the person lacking capacity, known as the 'protected party.' The court will carefully assess the suitability of the proposed Deputy, ensuring they have the individual's best interests at heart and are capable of managing their financial affairs responsibly.
Once appointed, the Deputy is granted specific powers and responsibilities, which may include managing bank accounts, paying bills, handling investments, and making financial decisions on behalf of the protected party. The Deputy must act diligently and in accordance with the Mental Capacity Act 2005, prioritizing the individual's welfare and wishes.
The Court of Protection closely supervises the Deputy's actions through ongoing reporting and annual reviews, ensuring transparency and accountability in managing the protected party's affairs. The court's involvement is essential to safeguard the vulnerable individual and prevent any potential abuse or misuse of their assets.
Deputyships offer vital support and protection for those who cannot manage their finances independently and have not made provisions through a Lasting Power of Attorney. This legal framework ensures that vulnerable individuals receive the necessary assistance to navigate financial matters, granting peace of mind to both the protected party and their loved ones. However, it's important to recognize that Deputyships can be complex, and seeking legal advice from professionals experienced in mental capacity and Court of Protection matters is essential to ensure the process runs smoothly and in the best interests of the individual in need.
Other services
Probate and Estate Management
Probate is the legal process of administering a deceased person's estate, ensuring assets are distributed as per their wishes or the law. Obtaining a 'Grant of Probate' is required before Estate Management can take place. We offer compassionate assistance with Probate applications and can act as Executors, ensuring a fair and transparent pricing approach based solely on time spent on the matter.
Deeds and Declartions (Including Change of Name and GRC)
Deeds, like Change of Name Deeds, enable you to legally adopt a new name and provide proof for organizations like banks, passport offices, and the DVLA. We assist with conveyancing declarations, such as TR1 forms, and support transgender clients applying for a Gender Recognition Certificate (GRC). Enrolled Deed Polls may be required by some institutions, and we offer legal expertise to ensure a smooth name change process.
- Leases
At Thurstan Hoskin we like to take the worry and stress away from you
01209 210 069
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