Court Of Protection – Deputyship and Attorneys
Reasons to choose Wilson Browne
Deputyship and advice for Attorneys
There are lots of reasons why you may be caring for someone or helping someone- old age, illness, an accident and many other reasons. Caring for those who are close to us can be challenging and lots of problems can arise along the way. We have a dedicated team that can assist and advise on all aspects of care home funding, managing someone’s financial affairs or court of protection applications.
How we can help
- Court of Protection applications
- Care home funding advice
- Advice to Attorneys/Deputies on how to manage someone’s financial affairs
- Assisting and advising on concerns regarding an existing Attorney or Deputy
- Assisting with a contested Court of Protection application
- Preparing an annual report on your behalf
- Assisting an Attorney or Deputy being investigated by the Office of the Public Guardian
Court of Protection applications
We can assist by preparing an application on your behalf or we can review your application before it is submitted to the Court.
There are a range of applications that may need to be made to the Court of Protection and these included:
- Appointing a deputy for property and financial affairs or health and welfare
- Trustee application to replace an incapacitated trustee
- Statutory will or codicil
- Authority to make a one-off decision for example making a gift or purchasing a property
There are also a range of other applications that may need to be made to suit your individual circumstances, if you aren’t sure if an application needs to be made one of our specialist team will be able to advise you on this.
Advice to Attorneys/Deputies on how to manage someone’s financial affairs
When the time comes for you to act under a Lasting Power of Attorney or to act as a deputy, you might not know where to start or how to go about sorting someone else’s affairs out. At what is likely to be a very stressful time for you and your family, you may need some guidance on what you should or shouldn’t be doing and we are here to assist you with any queries to may have.
Assisting and advising on concerns regarding an existing Attorney or Deputy
If you have a concern that an Attorney or Deputy may not be acting in someone’s best interests or may be doing something they shouldn’t, for example using funds for themselves, you may want some advice on your options or may want assistance with reporting them to the Office of the Public Guardian.
Assisting with a contested Court of Protection application
You may be notified of a court application which you do not agree with, we can assist you with responding to the application. For example, you may not feel that the proposed deputy is suitable or you may feel that the individual has capacity to make the decision being asked.
In addition to this, someone may object to an application you have made and you may be served with a directions order from the court. The court may set you deadlines and we can assist you with meeting these deadlines.
Preparing an annual report on your behalf
As a deputy you will have to prepare and submit an annual report to the Office of the Public Guardian detailing the decisions you have made, the assets the individual has, what money has been spent on and what money has come in. This can be a cumbersome task to complete each year and can take a lot of time, we are able to complete and submit these reports on your behalf if you can provide us with your records for the year.
Assisting an Attorney or Deputy being investigated by the Office of the Public Guardian
If you are an Attorney or Deputy for someone and you receive notification from the Office of the Public Guardian that they are conducting an investigation into your actions within your role we can assist and advise you on responding to the Office of the Public Guardian.
Read our guide:
Court Of Protection (if someone can’t make decisions for themself) and Office of the Public Guardian…what are they?
The Court of Protection makes decisions for people who are unable to make decisions for themselves, either in relation to their property/finances or their personal welfare.
We specialise in making applications to the Court of Protection (COP) on behalf of clients asking the court to make a decision. For example, we can help appoint someone to manage a person’s financial affairs if they are no longer able to do so. Or to make a will (known as a statutory will) where a person cannot give instructions themselves due to mental incapacity.
Partners of the firm are also appointed by the COP on some occasions to manage a client’s affairs – in which case we act in the management of the client’s property and financial affairs.
Office of the Public Guardian (aka OPG)
Vicki Pearce is appointed by the Office of the Public Guardian: The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, including decisions about their health and finances. The Court chooses deputies from a list of guardians when no one else is willing, able or suitable to act as deputy for a person who lacks mental capacity, and their role is to support people who lack capacity by helping them make decisions about their finances.
Testimonials from our clients
From the family member of a client for whom Vicki was appointed the Deputy for their Property and Affairs. June 2022
I just wanted to say thank you for overseeing and looking after my Mum’s financial affairs. You were kind and considerate in your dealings with us – in very difficult circumstances. If my Mum could have thanked you, she surely would have. I thank you on her behalf, and my own – you made my life considerably easier. Many thanks. Ruby Ali-Strayton
The COP team made an application on behalf of the family for them to become deputies for their mother; our involvement in the Court of Protection electronic working (e)-pilot service. February 2022
A special thank you to James, Clare and many others. We are so very grateful for your excellent service. It has taken the ‘worry and hassle’ off our shoulders in the COP process. Thank you. Mr P.
