There are two types of Deputy:-
1. Property and Financial Affairs.
If appointed, this would give you the authority to manage and make decisions about property, paying bills, pensions and accounts.
2. Personal Welfare deputy
If appointed, this would give you the authority to make decisions about medical treatment and how someone is looked after.
There can be more than one Deputy appointed.
You cannot become someone’s personal welfare deputy if they are under 16.
The court will only usually appoint a personal welfare deputy if there are doubts as to whether decisions will be made in the someone’s best interests i.e. if family members disagree about care or if someone needs to be appointed to make decisions about a specific issue over time, i.e. where someone will live.
You can apply to be just one type of Deputy or both. If you are appointed, you will receive a court order setting out what you can, and cannot do and what your responsibilities are. We can provide information about what these powers and duties are to ensure you are fully informed before applying to the Court.
Applying to become a deputy can be a stressful and lengthy process, especially if you need to act at short notice i.e. to pay for care. In certain circumstances, we can assist with making expedited applications.
During the process, you will be required to serve a formal notice on certain people, to include the person the application is about, even if they don’t understand this. The people who have been notified then have an opportunity to object to the application and to your appointment if they think there are grounds for this. However, there are strict grounds on when and how a person can object.
When appointed, you will be required to send an annual report to the OPG each year explaining what decisions you have made, and provide accounts setting out all income and expenditure of the person in question. We can assist you with this on an annual basis if required. All you need to do is keep a record of all financial statements and receipts.
You are also likely to be supervised by the Court of Protection in carrying out your duties. In some cases, a Court official may come to visit you to ensure that you are carrying out your duties correctly, that you understand your role and to ensure you have the right level of support. Any visit is arranged with you in advance and you will be told about the reason for the visit.
For the first year of your Deputyship this supervision is ‘general’. After the first year, if you are managing below a certain sum of money, and are deemed not to require general supervision, this will be reduced to ‘minimal’ supervision.
Ultimately, the Court of Protection is there to support you in your role and can therefore be contacted to answer queries and to provide support and guidance.
We understand that this process can be daunting, especially at a time when you are trying to look after a vulnerable or elderly person. We can advise you throughout the matter, without using legal jargon to ensure you understand everything.
We can deal with the whole process for you, from checking whether any documents are already in place, whether permission is required for the application, preparing and submitting the application and ensuring you are aware of your responsibilities as a Deputy, and all ongoing obligations.
As leaders in the Leeds legal advice space. Our team of expert court of protection solicitors in Leeds and Chapel Allerton lawyers are here to advise you on anything from Court of Protection through to Family and Child law. If you require any form of legal advice do not hesitate to contact us today. With Offices based out of Chapel Allerton and Leeds we are here to guide you through every step of the way.
Whatever legal aid you require Avery Walters are the firm for you. With support in everything ranging from the court of protection to Family and Child Law we aim to provide the best legal advice in West Yorkshire. With offices based in Leeds and Chapel Allerton our Court Of Protection solicitors and lawyers will help you through every step of the way.
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