If you are finding it more difficult to manage your day-to-day affairs, or you are concerned that problem might arise in the future, you would be wise to consider making a Lasting Power of Attorney (LPA). This involves appointing people you trust to make decisions for you, should you later lose the ability to make them for yourself.
If a person has lost capacity before making an LPA, then an application to the Court of Protection may be necessary. The Court of Protection is a specialist Court that makes decisions on financial or welfare matters for people who can’t make decisions for themselves.
A Deputy is appointed by the Court of Protection with authority to manage the affairs or make decisions for a person who can no longer do this for themselves.
Financial decision making
A Property and Financial Afffairs Deputy can deal with the wide range of practical issues that arise, when a person has lost capacity to manage their own finances; such as paying bills, opening or closing accounts, securing their income, buying, selling or renting property, settling care home fees. A relative or friend can take on this role. If there is no suitable person available, the Court may appoint a professional Deputy, such as a solicitor, who is experienced in Deputyship work.
When a person loses capacity to make a will, and they have either never made a will, or their existing will needs reviewing, it may be appropriate to apply to the Court of Protection for a Statutory Will (a will authorised and approved by the Court). We offer advice and representation in all aspects of Statutory Will proceedings.
Differences in opinion can arise between family members, or between family and professionals, as to whether a person has the necessary mental capacity to make a decision themselves, and if not, what measures would then be in that person's best interests. Occasionally the dispute results in an application to the Court, and our advisers provide specialist advice and representation throughout the Court proceedings.
We support clients to:
- Be appointed as Deputies, to manage property and finances for a friend or relative
- Fulfil their duties as Deputies, such as filing annual accounts or tax returns
- Make additional Court applications, e.g. seeking approval for property sales or purchases, gifts or Statutory Wills
Our team includes three professional Deputies, (all of whom are appointed to the Office of the Public Guardian specialist panel), as well as case workers. Together we can deal with all aspects of a person’s financial affairs, where there is no suitable relative or friend to act.
It is important to us to support and empower people to make as many decisions for themselves as possible, in line with the Mental Capacity Act 2005. We consult closely with family and friends when making decisions in the best interests of the person.
Head of the personal planning team
We have been recognised for the work we do
The Government have announced that there will be urgent reviews leading to the discharge of wrongly detained young people.
A review conducted by the MoJ found that the costs of the OPG to supervise deputyships between 1 April 2008 and 31 March 2015 did not match the fees that the MoJ had set.
In injury claims, should you disclose the total figure of compensation to your injured party where they have suffered a brain injury and lack capacity to manage their finances?
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
Sheree Green, our Court of Protection lead, looks at the positive impact of the Mental Capacity Act 2005 over the last 10 years.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.