Deputy Applications

01/02/2016

If someone you love (Daisy) is mentally alert and simply needs someone (Ann) to help her with the difficulties of daily life and finance please see our information leaflets about Lasting Powers of Attorney.

 



If Daisy has memory problems and is not able to:

  •   Understand information or questions that are given to her;
  •   Retain information or questions that are given to her;
  •   Consider that information or question and form a response; and
  •   Give a coherent response to that information or question.

 

Then it is too late for Daisy to complete a Lasting Power of Attorney document and Ann must make an application to the Court of Protection to be appointed Daisy’s Deputy so that she can take over the management of Daisy’s property and financial affairs.

The Court will require a medical assessment to be carried out and they have a special form that Daisy’s doctor must be asked to complete.  The doctor will charge a fee for this.  The Court also need to have as much information about Daisy and her property and finances as possible which must, again, be put on their relevant forms.  Once all of the forms have been completed the application can be made.  Notices of the application must be served on certain family members or friends, and also on Daisy herself.

There is a Court fee payable in respect of the application which is currently £400.  Where any applications are made to the Court, it is the Applicant who must bear the costs.  In this case Ann in the Applicant and so it is she who must pay the Court fee and also the legal costs and disbursements incurred in the application.  It is however possible to ask the Court to include in the final Order a note that the costs of the application can be repaid from Daisy’s funds so that Ann is not left out of pocket.  It is important to include every power that Ann is going to need to administer Daisy’s affairs in the application otherwise future applications will be needed with each additional application carrying further Court fees and legal costs.

A Deputy Order can give Ann the necessary authority to manage and make decisions about Daisy’s bank accounts and investments.  She can sell Daisy’s house, or arrange to rent it out, and she can invest the proceeds.  The Order can allow Ann to deal with all of Daisy’s property and financial affairs.  Anything that Ann does must be done in Daisy’s best interest and, where possible, Ann must encourage Daisy to make decisions for herself.

As a safeguard to Daisy the Court will require Ann to take out a personal liability insurance policy/bond and when the Deputy Order is made details about this will be included in it.  The cost of the bond will depend upon the value of Daisy’s estate and is an additional expense to the estate.  The Bond must be renewed every year that the Deputy Order remains valid with the relevant premium being paid out of Daisy’s estate.

Once issued, the Deputy Order will remain valid until such time as either Daisy or Ann dies, or the Court cancels it.  Every year that the Deputy Order remains valid Ann must

complete a Deputy Account reporting to the Court all movements in and out of Daisy’s bank accounts and other money, and a record of all decisions made on Daisy’s behalf.  The Court will make an annual charge for this administration work which is yet another cost payable out of Daisy’s estate.

It is sometimes possible to obtain a Court Order in relation to health and welfare matters but the Court is reluctant to give an Order allowing Ann to make all and any decisions in respect of Daisy’s health and welfare needs.  What will usually happen is that if Daisy became ill or had an accident that needed someone to make a serious/life sustaining treatment decision for Daisy, the Court would make the decision on processing Ann’s application as a “one off” event.  As a person who holds the role of a carer for Daisy, Ann is able to make daily life decisions on Daisy’s behalf providing those decisions are made in Daisy’s best interest.

At Herrington Carmichael we have been able to assist many clients through the “minefield” of Deputy Applications and will be very happy to help you through the process.  Please contact our specialist lawyers for further advice and guidance.



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