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DEPUTYSHIP

Where someone is incapable of making decisions for themselves because, for example, they are suffering from Alzheimer's or dementia and they do not have an Enduring or Lasting Power of Attorney in place the only way you will be able to help them is by being appointed Deputy by the Court of Protection.

Sadly you will need to be taking this decision at a time when your focus needs to be elsewhere. The process of the application is time consuming and complicated and we are able to assist at every stage to ensure that your appointment as Deputy is completed as quickly as possible with the least amount of stress and disruption to you.

Attorney & Deputy Assistance:

If you are named as an Attorney or appointed as a Deputy you have wide powers to deal with someone else's money and property. This does not mean you have free reign to do as you please. What you can and cannot do is strictly governed by the rules set out in the Mental Capacity Act 2005. The cornerstone of these is to act in the best interests of the person you hold the power for.

Being responsible for another persons financial well being can be a daunting task and there will be times that you will need some guidance.

The services we offer to Attorney's and Deputy's include:

  • Advising on your role and responsibilities as an Attorney or Deputy in general

  • Advising on specific decisions you may need to make

  • Assistance with claiming benefits

  • Advising and assisting on disputes between Attorney's and other family members

  • Assistance with record keeping and the preparation of Office of the Public Guardian annual returns

  • Further applications to the Court for decisions outside the scope of your Power (for example, to make gifts from the persons money or to take steps to reduce their Inheritance Tax liability)

Once you are appointed as a Deputy you will be able to:

  • Access the money in the persons bank accounts

  • Pay bills on their behalf

  • Sell or rent their property

  • Claim benefits that the person is entitled to

  • Invest money on the persons behalf

Our fee for dealing with the full application for you is fixed by the Court at £850 + VAT.

 

There may also be an additional £400 application fee payable to the Court and we will discuss whether this is payable at our initial meeting.

All costs are payable from the funds of the incapacitated person and our costs are only due when the application is concluded.​

Our assistance can be on an ongoing basis or you can use us as and when you need and our costs will be varied depending on how much we are needed.

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