Services We Offer To A Deputy
Reasons to choose Wilson Browne
When someone lacks capacity and can no longer make decisions for themselves, the Court of Protection can appoint a deputy.
It is more common for the Court of Protection to appoint property and financial affairs deputies; however, they can appoint health and welfare deputies too.
A Deputy must always act in the best interests of the person who has lost capacity and within the terms of the Order. If the Order does not authorise you to do something, then the Deputy must apply to the Court of Protection for further authority.
Making a decision on behalf of someone else
When making a decision on behalf of someone else you must
- Make sure it is in their best interests.
- Consider what they have done in the past.
- Involve other relevant people, e.g. family members, doctors, care home managers.
- Do everything you can to help the person understand the decision.
- Add the decision to the annual report
Property and affairs deputy
You must make sure that you keep the person’s money and property separate from your own and that you keep records of all decisions and financial transactions for the annual report.
You should keep the following:
- Bank statements
- Contracts
- Receipts
- Letters and emails about your activities as a deputy
How can we help you
- Gifting– the court order will say if you can buys gifts on the person’s behalf, it may also set a limit to these gifts. Gifting must be reasonable and affordable to the person. You may need to make an application to the Court of Protection to authorise you to make. You should seek advice before making the gift if you are unsure.
- Expenses– lay deputy’s can claim reasonable expenses but must not profit from their position. If you are unsure what is reasonable to claim, you should seek legal advice.
- Selling or purchasing a property– the order may not authorise you to sell or purchase a property on the person’s behalf, you will need to make a further application to the Court of Protection.
- Will or Codicil– if you believe it is in the person’s best interests to make a will, change a will or create a codicil, you will need to apply to the Court of Protection.
- Managing their affairs– if you are not sure where to start when managing someone else’s affairs, we can help point you in the right direction.
- Care Home Fees and financial assessments– if the person is paying care home fees or needs to complete a local authority financial assessment and you would like advice to ensure everything is being done property, we can assist you with this.
- Annual Report– each year you will need to complete an annual report detailing all financial transactions and decisions for the last 12 months. If you want, we can assist you with this/complete this on your behalf.
- Disputes– sometimes disputes arise as to what is in the person’s best interest. We can advise you and assist you to navigate these disputes.
- Benefits– making sure you are claiming all available benefits and care funding.