A power of attorney cannot be made if you have lost capacity. This is why it is essential to put it into place whilst you are fit and healthy.

However, if you do lose capacity and do not have a power of attorney in place, someone can make an application to the Court of Protection to be appointed as your ‘Deputy’.

What is a ‘Deputy’?
  • Essentially, a Deputy has the same role as an attorney, being that they take control of someone’s financial affairs when they have lost capacity.
  • A deputy however is not chosen by you. They are appointed by the Court of Protection.
  • Unlike an attorney, a Deputy has to report to the court on an annual basis and complete an annual account of the financial transactions they have been involved in managing.
  • Applying to the Court of Protection to become a Deputy will take on average around 4-6 months and is significantly more expensive.
  • These costs are fixed by the Court of Protection.
Can a Deputy make health and welfare decisions?

Unlike a power of attorney, you cannot appoint a Deputy to manage your general health and welfare. They are only appointed to manage your financial affairs.

A Deputy can apply to the Court for permission to make one off, specific decisions about someone’s health and welfare, but the court does not often grant permission unless it is in the best interests of the person involved.

Other reasons to apply to the Court of Protection
  • If an attorney wants to make a gift (other than customary gifts) they need to seek permission from the Court. Permission to make gifts is not often granted by the Court.
  • If a property is owned jointly and one of the joint owners has lost capacity, an application may be needed to seek permission to sell the property.
Contact us

If you would like a quote for Court of Protection or to find out more about our services, please contact:

Jennifer Wilkinson - jennifer.wilkinson@cookandtalbot.co.uk

Court of Protection

Jennifer Wilkinson LLB (Hons)

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