Managing someone else’s affairs without a Power of Attorney

If a family member or friend is no longer able to make decisions regarding their own affairs, you may need the authority to make decisions and manage their finances for them.

The only way to get the authority in those circumstances is to make an application to the Court of Protection. The application process to the Court of Protection can seem daunting and lengthy and we can guide you through each step of the process.

A medical assessment of the person’s capacity, or ability to make decisions, will be required together with an application form setting out the order you are asking the Court to make and a schedule setting out the persons assets and liabilities. If appointed by the Court, you will be that person’s Deputy for property and finances and will be required to make decisions regarding that person’s finances and manage their affairs.

Once the application to Court is submitted, there are a number of steps the Court will require you to take prior to granting the Deputyship Order including notifying the person the application is about along with certain family members. You will also be required to put in place Deputyship insurance.

Once appointed, you will be required to report to the Court on a periodic basis and keep records of all outgoings and expenditure in respect of that person.

We can guide you through each stage of the process from preparing the initial application through to being granted the Deputyship Order. We can offer advise on your duties as Deputy and how you need to proceed in this role.

There are other occasions an application to the Court of Protection may be required such as if an attorney wishes to make gifts on behalf of someone who is no longer able to make that decision or if an attorney wishes to purchase property from the person whose affairs they are managing. An application to the Court of Protection may also be needed if a statutory Will is needed for someone who has lost capacity to make a Will themselves.

We can assist in applications to the Court of Protection and guide you through the process.

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Sophie Balfour Paralegal
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