person becomes mentally incapable of handling their own affairs, they
cannot lawfully appoint someone else to deal with this for them.
Faced with this situation, and the need to ensure elderly family members
are protected and their affairs looked after, the answer is to make an
application to the Court of Protection for the appointment of one or more
family member as ďDeputyĒ.
person over the age of 18 may be considered by the Court of Protection to
be appointed as a Deputy. If there is nobody willing to act, the
Public Trustee may act.
of the Deputy
Deputyís powers are limited to dealing only with the personís
financial affairs and are set out in the first general order which the
Court makes when appointing the Deputy.
order will usually deal with the following matters:
- To receive the personís money held in bank
or Building Society accounts.
- To pay any doctorís or court fees, nursing
home and other charges, debts, out of pocket expenses and solicitorís
- To dispose of or sell a personís furniture
and household effects.
- To sell the personís property or to end a
- To take out a grant to administer the
deceased personís estate.
- To maintain insurance policies.
- To provide accounts of how the personís
money under their control had been dealt with.
- To carry out or execute any other acts which
will be necessary in the best interests of the person concerned.
- To provide documents such as the personís
will, deeds and any stock share certificates to be kept separately.
of the Deputy
Deputy has an overriding duty to act in the best interests of the person
concerned and the other specific duties are:
- To safeguard the personís assets.
- To open a deputyship account at a local bank
or building society.
- To claim from the Benefits Agency all social
security benefits to which the person is entitled.
- To take out security and pay any bond
premiums as and when required.
- To prepare accounts annually or as and when
- To ensure the funds being used provide him or
her with the best quality of life.
- To ensure that all income is collected and
bills are paid on time.
- To arrange safekeeping of all deeds,
documents, entitled testamentary documents and other valuables.
- To keep any property in a reasonable state
and repair, secured and adequately insured.
- To deal with the personís income tax and
other tax matters.
- To notify the Court of Protection of any
change in the personís financial situation.
- To inform the DVLA if the person holds or
applies for a driving license.
- To advise the Court of Protection if there is
a likelihood of the person getting married, divorced or involved in
other legal proceedings.
- To advise the Court of Protection if the
preparation of a will is being considered.
- To cooperate with any Lord Chancellorís
- To obtain the Court of Protectionís
permission before dealing with any capital monies.
- To inform the Court of Protection of the
personís recovery or their death. The Deputyís powers will
cease at such time.
- To pay the Court of Protectionís fees out
of the personís monies as and when requested.
- To inform the Court of Protection of any
change in the personís address and the level of any fees payable.
- To comply with all directions and orders.
Procedure for Appointment of a Deputy
of Protection provides a set of application forms which need to be
completed. We deal with this whole process for you. Click here to request further details of this service.
of Protection Costs
for dealing with the application for appointment of a Deputy are claimed
from the assets of the person who has lost mental capacity. The
Court of Protection will determine whether the fixed fee will be levied or
alternatively if our file is to be subject to a detailed assessment.
A detailed assessment will be applied for when the work involved is over
and above what is permitted for the fixed fee. In addition, there
will be disbursements such as the commencement fee (currently £400) and
any doctorís fee for obtaining the medical certificate required.
appointment of a Deputy has been made, the Court of Protection will take
annual costs from the assets of the person who has lost mental capacity.
These costs go towards the administration expenses incurred by the
Court of Protection. Again, these costs are fixed by the Court of
Protection and vary from time to time. There will also be an annual
insurance fee payable which is determined by the size of the estate of the
person who has lost capacity. Again, this fee is payable from the
are appointed as Deputy, you may wish to handle further future matters
yourself. Alternatively, you might continue to retain us to deal
with matters on a day to day basis and prepare the Deputyís annual
accounts. Fees for dealing with this are again either on a fixed fee
basis or assessed by the Court of Protection.
death of the person who has lost mental capacity, the Court of Protection
levies a fixed fee to cover the administration charges to wind up the
contact us if you require any further information regarding our services
to families in relation to Court of Protection application.