If you know someone who is no longer able to manage their affairs and they have not appointed an Attorney under a Lasting Power of Attorney or Enduring Power of Attorney, we can help you.
If you would like any further information regarding private client services, please complete our short enquiry form below;
An application may be made to the Court of Protection for the appointment of a Deputy to act on behalf of a person who is unable to manage their affairs through ill health, a stroke or loss of mental capacity. Any person of good character who has not been declared bankrupt may make an application. Usually a family member or close friend will make an application, but sometimes it is necessary or more appropriate for a professional Deputy, such as a solicitor or legal executive to be appointed.
There are two types of Deputy applications.
- PROPERTY & AFFAIRS – this will enable you to access savings to pay debts, and to buy or sell property.
- PERSONAL WELFARE – this will enable you to make decisions relating to residence, healthcare and medical treatment.
The Court of Protection sets out the Deputy’s powers in the Court Order. These powers will specially be tailored to the individual needs to allow the Deputy to deal with the person’s affairs and welfare easily. The Deputy may only act in the best interests of the patient.
Deputies must keep an account of their actions and provide information back to the Court with annual accounts.
What are the fees?
All fees relating to the Deputy applications can be recovered from the person’s assets.
We will make your application for the fixed fee set by the Court for work that is carried out in relation to a Deputy application. This is currently set at £825 plus VAT.
There are also other disbursement fees that have to be paid. These are:
1. A medical practitioner’s fee for completing a medical assessment of the patient. These costs can vary dependent upon the individual practitioner.
2. Court application fee of £400
3. Insurance Bond. This is a yearly premium and the cost is determined by the value of the patient’s assets.
4. Court appointment of Deputy fee of £100. This is only paid once and places the Deputy’s details on a register.
5. Supervision fees to the Court payable each year fee is dependant on the level of level of supervision that has been assessed by the Court as being needed for the Deputy.
It may be possible to claim an exemption of the court costs and we can advise you on this and on all aspects of the Deputy application – from submitting the initial application to the final Court order being made.
Professional Deputy Service
Sometimes the Court may prefer a professional appointment. This may be due to the level of the patient’s assets, or because there is a dispute between family members.
We provide a professional Deputy service and can appoint our Head of Department, Dawn Joughin to act as a Deputy for your relation or friend. Dawn is a Chartered Legal Executive and a Member of Solicitors for the Elderly with many years experience in Court of Protection matters.
Contact a member of our wills and probate team on 0151 239 1064 for straightforward advice or complete the online enquiry form on our website.