Arrange your FREE Initial Consultation
There may come a time when a person cannot manage their own financial affairs or personal welfare and are unable to make significant decisions for themselves. Those decisions can be made by someone else on their behalf by becoming their Deputy. The role of a Deputy can vary and may include managing property or accommodation and financial affairs through to dealing with personal welfare and medical treatment.
To become a Deputy, an application needs to be made to the Court of Protection, providing detailed information regarding the circumstances of the person without capacity. The court will review their situation and appoint a Deputy to take responsibility.
Contact our Court of Protection solicitors
The majority of cases which our Court of Protection (COP) team manage are the result of a child being damaged at birth and receiving compensation for their injuries. However, we also make applications for people who are mentally incapable of managing their finances, such as those with an age related illness or an acquired brain injury.
An application can be made for a deputy to also solve issues over time and manage life-changing decisions, or manage a dispute with the family about a person’s best interests.
We work with people from many backgrounds. Our cases include children, young adults and the elderly. Many people find managing a significant sum of money overwhelming. We can help with this.
An award may consist of a lump sum as well as annual income payments. We take financial advice regarding investment and can then either apply to the Court for a Deputy to manage the award for someone who does not have mental capacity, or we can apply for a Personal Injury Trust to manage the award if the claimant is physically damaged, but retains mental capacity.
Once you have instructed our team to work on your behalf, we will make the application to the Court of Protection, completing all of the standard forms and advising you throughout.
We offer a free half hour consultation on all financial matters in respect of Court of Protection issues.
Partner, Court of protection
There are two types of Deputy, they are:
A property and affairs deputy manages the vulnerable person’s finances by looking after their bank accounts, pays their care fees and household bills, and buys or sells their residential property.
A personal welfare deputy makes decisions about their general welfare, such as where the vulnerable person lives, the care and (some of the) medical treatment they receive.
The court currently charges a £408 application fee.
If your application has resulted out of the settlement of a clinical negligence claim, then your legal fees and disbursements (Court fees etc.) were most likely to have been included in your claim.
The forms to make an application to the Court of Protection are extensive and if an award is going to be more than £1 million then it is recommended that a professional deputy, such as a solicitor, is appointed otherwise there may be difficulty in obtaining the insurance which has to be in place before the court will grant deputyship.
If a child is physically disabled but likely to understand financial decisions at the age of 18 and manage their award, then we can make an application for a Personal Injury Trust to be set up with the parents and a Solicitor as Trustees.
This is so we can manage the funds for the child flexibly and assist the child in understanding how their money can be managed as they get older. Should mental capacity be retained then we can make an application for a Personal Injury Trust appointing Solicitors and the parents as professional Trustees for their child. Such a Trust is flexible and allows decisions to be made quickly and without further intervention of the Court. However, we are keen for the child to join in Trustee meetings when they get older so that they can partake in their own decisions and understand the workings of the trust, as well as building up a relationship with their professional advisors.
The use of a trust offers flexibility on decisions regarding investments, or the purchase of property and all other major decisions can be made without having to make further time-consuming applications to the court.
Having a professional trustee also gives the child an independent person to turn to, should they so wish, and they also act as an officer of the court until the child reaches the age of 18. After the age of 18, the child can choose to continue the trust.
We work closely with the family to achieve the best for the child. We understand the concerns families face and offer an approachable and friendly service, always putting everything in plain English.
The amount of time it takes for an application will depend on whether it is contentious or not and if it needs a hearing.
In uncontested applications, non-urgent applications can take up to 1 year, and urgent applications can take up to 6 months. In urgent applications, there is an emergency procedure and interim orders that can be issues within 5 to 6 weeks of submission.
Partner
Senior Associate – Solicitor
Senior Associate - Solicitor
Associate - Solicitor
Solicitor
Paralegal
Senior Paralegal
