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Court of Protection Financial Decisions

When a family member, loved one or a close friend has lost the ability to manage their financial affairs it can create no end of practical problems. How do you help them access the benefits they are entitled to? How do you pay their care home fees when the bank will not accept that you are trying to access funds to help pay the person’s bills? The answer is an application to the Court of Protection for a financial Deputyship order.

At Bromleys, our specialist Court of Protection solicitors can assist you in making an application to the Court of Protection for a financial Deputyship order and provide you with ongoing assistance.

Contact us

To find out about how we can help, call us on 0161 330 6821, fill in our online form or email bromleys@bromleys.co.uk and we’ll call you back.

When you book a consultation we can provide you with a quote.

We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.

Why a vulnerable person may need a financial Deputy

If someone close to you has never had or has lost their capacity to make financial decisions for themselves, they may need a Deputy appointing for them to act in their best interests and make financial decisions for them.

A Deputy will be unnecessary if the vulnerable person has a valid Property & Financial Lasting Power of Attorney before they lost the capacity to make decisions on their behalf.  The Lasting Power of Attorney gives their Attorneys the legal authority to make financial decisions without needing an order from the Court of Protection.

Quite rightly, banks, financial institutions and professionals are alert to fraudsters and scammers preying on the elderly and vulnerable. What that may mean in practice is if you are the next of kin of a person with dementia, you cannot access the person’s bank account to pay their household bills or move their savings to an interest-paying bank account. If you are the parent of a young adult with severe learning disabilities, you may struggle to get agencies to talk to you about your child’s entitlement to benefits.

These are just a couple of examples of why a vulnerable person may need a financial Deputy.

To discuss how we can help you contact us today.

Applying to become a financial Deputy

The first step in applying to become a financial Deputy is to understand what it entails for you, so you can assess whether you have the time to commit to the task. Handling financial decisions can be relatively straightforward or complex, depending on the person’s financial affairs and your work or personal commitments.

If the time involved or the responsibilities are too much to handle, then you can always look to appoint a professional Deputy.

At Bromleys, our Court of Protection solicitors can either support you by making an application for your appointment as a financial Deputy or by becoming a professional Deputy. We are always happy to talk you through these options and how they would work.

What decisions can a financial Deputy make?

The financial decisions you are authorised to take on behalf of the protected person are specified in the Court of Protection Deputyship order. The order could give you general authority to deal with all financial affairs or specify if there are any restrictions. The restrictions would mean you would need the further authority of the Court of Protection before taking a particular step, such as liquidating an investment portfolio.

Any financial decisions made on behalf of the vulnerable person must be after discussion with them, where appropriate. In addition, you need to act in accordance with the law and codes of practice. Depending on the complexity of the protected person’s finances, your role could include paying household bills, sorting out all financial paperwork and liaising with accountants and filing tax returns.

Our Court of Protection solicitors can help you with:

  • Advice on making a Court of Protection application for appointment as a financial Deputy
  • Applying to the Court of Protection for your appointment as a Deputy
  • Advice on contested financial Deputy applications before the Court of Protection
  • Assistance with Court of Protection applications for the sale or purchase of a property and other stand-alone applications
  • Advice on the role and duties of a financial Deputy and record keeping
  • Acting as a professional financial Deputy

Contact us

To find out about how we can help you call us on  0161 330 6821 or fill in our online form or email bromleys@bromleys.co.uk and we’ll call you back.

When you book a consultation we can provide you with a quote.

We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.

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