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Managing affairs for someone you care for

If a friend or relative of yours has lost their mental capacity and does not have a Lasting Power of Attorney registered, but needs help with the managing their financial affairs, you may wish to consider applying to the Court of Protection for a Deputyship Order.

A Deputyship Order is an order appointing one or more people to act on behalf of an individual who has lost the capacity to manage their own affairs.

The process of applying for such an order is regrettably time-consuming and complex. However, at K J Smith Solicitors, we have many years’ experience of acting in relation to such applications and we can help you through every step of the process. We will need to obtain a medical certificate confirming the loss of capacity for the individual in question and we will then work with you to complete the various forms comprising the application.

I had no doubt that they would handle my case with the upmost confidentiality and arrive at an outstanding conclusion.

Becoming a Deputy

If all proceeds smoothly, an order will be obtained from the Court of Protection appointing you as Deputy for the person in question.

You will then be able to take over the management of that person’s financial affairs, including paying their care fees, signing cheques, withdrawing money from their account, paying their bills, selling their home and organising their investments.

Sadly, Deputyship applications do not always proceed smoothly. Sometimes, there are disagreements within families over who should or should not act as Deputy. In this case, the application to the Court of Protection becomes a ‘contested application’. Inevitably, this will prolong the process but each party will have an opportunity to put forward their own position. A District Judge, sitting in the Court of Protection, will make a decision as to the terms of the Deputyship Order. If your matter becomes contested, it may be necessary to instruct Counsel or refer your matter to a specialist solicitor.

If you have already obtained a Deputyship Order, then you will be obliged to complete and file an annual report. This sets out the decisions you have made and the manner in which you have handled the money and property of the person in question. We can assist you with the completing of this annual report.

A team you can trust

We offer a free initial 15 minute telephone appointment to give you the opportunity to speak to us, before deciding if you wish to proceed in instructing us to act on your behalf.

Please contact K J Smith Solicitors on 01491 630000 (Henley on Thames Head Office), 0118 418 1000 (Reading), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 023 8200 2111 (Southampton), 01727 295 555 (St Albans) or email info@kjsmith.co.uk.

We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.

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If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames (Head Office) Reading, Reading (Central), Basingstoke, Guildford, Beaconsfield, Ascot, Newbury & Winchester, St Albans, and Southampton. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.

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