Has your family member or friend lost mental capacity? Worried about a loved one's ability to manage their affairs?
There are many reasons why a person in your life may no longer be able to manage their own financial affairs or make informed decisions about their personal welfare. This is known as loss of mental capacity.
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In order to take control of a loved one or family member's affairs you may need to apply to become a Deputy if there is not a Lasting Power of Attorney in place. A Deputy is responsible for the vulnerable person's decisions about issues like property and finance, and occasionally healthcare. Deputyship is usually given to a close family member or friend or to a professional and must be applied for through the Court of Protection.
We're on hand to help 9am-5.30pm Monday - Friday and will give you a dedicated case manager. We do not charge upfront fees, so you will not be faced with bills you cannot pay. Our costs are billed at the end of the application process and the Court allows payment to be made out of the funds of the incapacitated person as the Order is made on their behalf.
We are a Lexcel Accredited law firm. This is a nationally recognised quality mark for law firms. We are committed to providing suitable solutions and excellent customer service at low fixed costs.
We have a specialised Court of Protection team who deal with a wide range of Court of Protection matters. We have two Deputies here at Premier Solicitors.
Sunil Kambli (Founding Partner at Premier Solicitors) is one of only 68 Panel Deputies in the country appointed by the Court of Protection and the Office of the Public Guardian, and also deals with financial abuse cases with complex family dynamics, business matters, international issues and overseas property. Sunil is also a Chartered Accountant, Chartered Tax Adviser and Notary Public, and can be contacted on sunil.kambli@premiersolicitors.co.uk
Rakash Mattu is a professional Deputy who works to the same "gold standard" as the Panel Deputy.
Whatever the circumstances, we are here to help.
A Deputyship application starts from £950 + VAT in line with the Court of Protection solicitors' fixed costs.
If you also require authority to sell any property, a separate application will have to be made to the Court of Protection. Our fee for this is £500 plus VAT.
There are some disbursements, primarily a £371 court fee, but these will be clearly set out for you prior to the start of the application process.
We are upfront with you about the cost of the service and will not undertake any work without your agreement.
The fees are billed at the end of the application process and the Court allows payment to be made out of the funds of the incapacitated person as the Order is made on their behalf. Therefore you will not be expected to pay any upfront costs other than the disbursements as mentioned above.
The Court of Protection is a specialist Court who makes decisions on applications which involve people who lack mental capacity who are especially vulnerable and are unable to make decisions themselves, such as appointing a Deputy. The Court of Protection will always make decisions in the best interests of the individual.
When a friend or loved one has lost their ability to manage their own financial affairs (often referred to as the loss of mental capacity), the Court of Protection appoints someone to do this on their behalf. This person is known as a Deputy and is given the legal authority to manage the day to day financial affairs of the person who has lost the mental capacity.
It is important to remember that someone may be able to make decisions about everyday issues like what to eat or what to wear, but can lack the mental capacity to make decisions on more complex issues, like financial management.
Anyone over the age of 18 can apply to act as a Deputy. Usually a friend or relative will be the most suitable person to apply, but it is the Court of Protection who has the final say in who can act. In some cases it may not be suitable for a friend or relative to act and the Court will appoint an approved Deputy ("a Panel Deputy") to act.
We understand that managing a loved one's affairs can be daunting responsibility. If you feel that you cannot undertake this task, you may choose to appoint a solicitor to step in as Deputy and act in their professional capacity, and we offer this.
A Deputy is responsible for taking on the responsibilities of another person, and it is important that a Deputy considers this carefully before making an application. We would recommend that at least two persons should apply to become Deputy to help ease the burden of responsibility.
A Deputy must comply with the Court Order and should always act in the best interests of the incapacitated person. The Deputy is responsible for the finances and bills of the person they are acting for. The Deputy may have to submit an annual account to the Office of the Public Guardian.
Yes, there are 2 types of Deputyship Orders that the Court of Protection can make:
Property and Financial Affairs - these are the most common of Deputyship Order and allow a Deputy to manage a person's property finances. This includes gaining access to bank accounts, shares and property.
Health and Welfare - The Court of Protection will only grant this Order in certain situations such as to decide a specific matter.
The OPG or Office of the Public Guardian are the supervising body for Deputies, providing support to Deputies and safeguarding vulnerable adults. They ensure that the Deputies carry out the duties correctly and are able to assist Deputies with any queries they may have.
A Deputy may apply to the Court of Protection to make a Will behalf of the incapacitated person. This is known as a Statutory Will.
An individual's Will may be out of date, or someone may benefit when it would be unfair for them to do so. If the individual does not have a Will then their estate will be distributed in accordance with the Intestacy rules. This might mean that their assets are not dealt with in accordance with their wishes.
Deputies may apply to the Court for a gift from the incapacitated person to be approved. Common types of gifts are money to family members or donations to charity. This is known as a Statutory gift. The gift itself has to be reasonable and proportional.
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Regardless of how complex or straightforward your matter may be, Premier Solicitors understand the importance of using a Solicitor whom you can trust and rely on for having the relevant expertise to provide thorough, practical and pragmatic legal advice.
Rachel Kambli - Paralegal