Appointment of a Deputy by the Court of Protection
If a person has not made an LPA (or EPA before 1 October 2007) and that person becomes mentally incapable of managing his financial affairs, something may have to be done.
The Court of Protection has intervention powers for the protection of the vulnerable by the appointment of someone to act in their best interests as a "Deputy".
Although you can apply to become someone’s deputy if they lack mental capacity, like the old Receivership regime, this is a far longer and more costly process than having an LPA in place. Whoever is appointed Deputy has to comply with extensive reporting obligations to the court on an ongoing basis.
The Deputy's powers are similar to a Receiver / Attorney although a Deputy will only very rarely be able to act in relation to a person's personal welfare.
Next steps
To talk to one of our team about applying for a deputyship order please email @email or call us on 0113 320 5000.
A Lasting Power of Attorney (LPA) is a legal document which allows a person to appoint someone they trust (the ‘Attorney’) to make decisions for them when they no longer have the mental capacity to make them themselves. An LPA has to be made while the person concerned (the ‘Donor’) still has the mental capacity to give their consent to handing over their affairs.
No. Your family will have no access to your bank accounts and cannot sell your property unless they make an application to the Court of Protection for a deputyship order which is a costly and lengthy process.