Applying for Property and Affairs Deputyship through the Court of Protection

If a loved one has lost the capacity to make some or all of financial decisions they need to make, it can be an incredibly stressful time.

When there is no Lasting Power of Attorney in place, many people are unsure of where they should turn for help.

In our latest article, the experts at Future Planning Solutions offer advice on how you can ensure the right decisions are made.

If you’d like to talk directly to one of our legal experts about applying for deputyship, call us now on 01282 695 400.

Making a Property and Financial Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows a person to appoint someone they trust (known as an attorney) to make decisions on their behalf

By taking out a Property and Financial LPA, an attorney can take decisions including paying bills, claiming and collecting any benefits, and maintaining or selling property.

You can find out more about Property and Financial LPAs here.

What happens if a person loses capacity without an LPA?

If one of your loved ones has lost capacity and they don’t have an LPA in place, you will need to apply to the Court of Protection for deputyship.

As a Property and Affairs Deputy, you will be able to take financial decisions that a loved one is unable to take themselves.

The decisions you will be able to take will be set out by the Court of Protection depending on the needs of the person you are taking decisions for.

However they may include the power to buy, sell or adapt property, employ support workers or make investments.

What is the Court of Protection?

The Court of Protection is a specialist court that is responsible for making decisions relating to the management of affairs for individuals who lack the mental capacity to do so on their own.

Before anyone can be appointed as a deputy the Court of Protection will need to establish that a person doesn’t have capacity to make decisions for themselves and that whoever is applying for deputyship is the right person for the role.

This is often a difficult process and it is recommended to seek legal advice before making an application to the Court of Protection.

You can find out more about applying to the Court of Protection here.

Can a deputy receive legal support and advice?

A deputy can seek legal advice and the costs can in some cases be met by the person they are representing,

This could include:

  • Advice on making an application for Deputyship
  • Assistance completing an annual Deputy report
  • General advice and support at a particular time

Talk to the legal experts at Future Planning Solutions today

If you’d like to receive advice from a member of our expert legal team on the process of applying to the Court of Protection, talk to the experts at Future Planning Solutions today.

You can talk directly to one of our specialist solicitors by calling 01282 695 400.

Or, if you’d prefer to receive a call-back from our experts, you can complete our quick online contact form.