How can I manage someone’s finances if they have not made a Power of Attorney?

Sadly, there are times in people’s lives when they no longer have the mental capacity to deal with their own affairs and require the support of others to act on their behalf.

This is likely during the moderate to advanced stages of dementia. If the person does not have a valid Enduring Power of Attorney or Lasting Power of Attorney (Financial and Property) in place, they will require a Court of Protection Deputyship.

What is a Deputyship?

A Deputyship is a Court Order that appoints a suitable person/s (the ‘Deputy’) to make financial or health decisions on the person without capacity’s behalf. There are two types of Deputyships – Health and Welfare and Property and Financial Affairs, however the Court rarely appoint a Health and Welfare Deputy (please note that Ashtons Legal doesn’t offer Health and Welfare Deputyships).

Who can be a Deputy?

A Deputy must be over 18 years old and should be good with finances. They can be a family member (referred to as a Lay Deputy) or can be a professional, such as a solicitor (referred to as a Professional Deputy). In some circumstances the Court can appoint more than one Deputy.

If you are thinking of becoming a deputy for a person with dementia, it is important to consider the continuing responsibilities involved. There are many tasks and responsibilities that you will be taking on.

How do I become a Deputy?

A Deputy can only be appointed by the Court of Protection. If you wish to be appointed as Deputy you must complete and submit to the Court an application form with all required supporting evidence and the Court fee.

The application process can be quite lengthy and standard applications can currently takes between 4 and 6 months. Once an application is submitted you are in the hands of the Court as to how long it will take for them to deal with the proposed appointment. If there are any objections to the application then the process will be longer.

How can we help?

At Ashtons Legal we have an experienced team who can consider your specific family circumstances and provide you with tailored advice and assistance to help you through this challenging process. We also have a dedicated team specialising in Property and Finance Professional Deputyships with many years’ experience in supporting clients and their families.