Appointing a Deputy

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".

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

The importance of having an LPA should not be underestimated as it allows you to retain a considerable degree of control over the decisions that will affect your life should you lose mental capacity or simply be unable to manage your own affairs.

The alternative may be a costly, lengthy Deputyship application to the Court of Protection.

To talk to one of our team about creating your LPA please contact us at wills@winstonsolicitors.co.uk or call us on 0113 320 5000.

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