Where a person has lost capacity to make decisions about their property and finances and in the absence of a validly appointed attorney, the court may appoint a deputy to make decisions on behalf of the incapacitated person.
Decisions will often relate to:
- The application for and management of state benefits
- Management of private income and pensions
- Application for state care funding
- Management of bank accounts
- Obtaining investment advice
- Applications to sell or purchase properties
- Managing clinical negligence or personal injury awards
The Deputy is chosen by the Court of Protection and they can only act under the powers given within the court order. The court order sets out the Deputy’s powers and entitles them to act on behalf of the person lacking capacity. This authority can apply to decisions relating to personal welfare and / or the property and finance of the person lacking capacity.
The Deputy must have regard to the content of the court order which may give wide powers or set limits to those powers. In many cases the court will limit the ability to buy and sell property or enter into large items of expenditure and instead requires an application for further permission of the court. It is often necessary to obtain additional powers in order to litigate or appeal certain decisions. In view of the costs associated with court applications it is important that you ask for the correct powers within your application and provide evidence in support of your request.
We have extensive experience in both acting as professional panel deputy and in supporting the applications of both lay clients and less experienced professionals.