You may be in a position where you wish to assist a member of your family, friend or a professional client who does not have sufficient capacity to manage their financial affairs. This may apply to a child who has suffered a severe injury at birth, or a vulnerable adult with learning difficulties or mental health problems, or an elderly relative with dementia (a vulnerable person).
We can assist with the application to appoint a deputy. You will need to speak to someone in our Court of Protection department. The process of appointing a deputy takes about 4 months.
The first step to obtain an order is to complete the necessary forms which include an Application Form (COP1), Supporting Information (COP1A), medical assessment (COP3) and Deputy Declaration (COP4).
The Application Form sets out your application for an order that the vulnerable person does not have sufficient mental capacity to manage their own financial affairs. In this application you must list a number of people who should be notified when the application is issued. This normally covers individuals who have regular contact with the vulnerable person or their family members.
The Supporting Information requires you to provide detailed information regarding the vulnerable person’s circumstances and finances.
The Medical Assessment is an assessment of mental capacity. This assessment can be completed by a number of professionals but most commonly it is completed by the vulnerable person’s GP or treating psychologist/psychiatrist. Should the vulnerable person be unwilling to travel to be assessed then there are various options that can be explored to ensure that an assessment is completed.
The Deputy’s Declaration must be completed by the person applying to be appointed as deputy to show that they are a suitable and competent person to act as a deputy. Hodge Jones & Allen LLP have partners with the appropriate expertise to act as a sole professional deputy or alongside a family member.
Once all the above papers have been completed they can be submitted to the Court of Protection with a court fee of £400 and the court will then issue the application.
You must then serve notice on the people you have identified in the Application Form. They have a period of 21 days from the date of notice to raise any objections to the application.
You must also serve the vulnerable person with notice of the issued application.
The court will then wait for a set period of 6 weeks to see if any objections or concerns are raised by the people who have been notified or the vulnerable person. If no objections are raised, they will issue a court order appointing the deputy. You must serve a copy of the order on the vulnerable person.
The Order will be sent to the deputy and the terms of the order will set out the limits of their powers. You will be under a duty to act in the best interests of the vulnerable person. You will also be required to pay an annual court fee and report to the Office of Public Guardian with annual accounts.
Once an order has been made the deputy is required to take out an insurance policy to cover any losses that may arise as a result of a deputy’s negligence or fraud.
If you would like to discuss obtaining a deputyship order then please do not hesitate to contact Hodge Jones & Allen LLP on 0800 437 0322 and ask to speak to the Court of Protection team. Hodge Jones & Allen have a team of three specialised solicitors dedicated to dealing with matters in connection with the Court of Protection.
Our Court of Protection Solicitors are backed by four decades of experience. Our legal team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today
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Our offices are open from Monday to Friday from 9 am to 6 pm.
|Phone:||0800 437 0322|
|Fax:||020 7388 2106|
|Address:||Hodge Jones & Allen LLP 180 North Gower Street London NW1 2NB|