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solicitors leicester

The Court of Protection

A Deputy can be appointed by the Court of Protection to manage the affairs of someone who is mentally incapable.

A Deputy is not required if the incapable person has already made a Lasting Power of Attorney whereby they have chosen someone to contact Frisby & Small solicitorsmanage their affairs in such circumstances.

The Deputy will usually be a family member or close friend, but could also be a professional such as a solicitor.

The Court of Protection will need to be satisfied that the individual is mentally incapable (a medical report is required) and that the intended Deputy is the appropriate person to be entrusted with the responsibility of looking after the individual's affairs.

The Deputy is required to act in the best interests of the individual concerned.

An Order is usually made authorising a Deputy to deal with the individual's financial affairs and property for example managing their bank accounts, selling their house if appropriate and paying any bills. The Order may limit the types of decisions that a Deputy is allowed to make.

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Applications can also be made for an Order in respect of personal welfare matters, such as medical treatment or arrangements for nursing care. These can be made by anyone interested in the individual's welfare, not just the Court appointed Deputy.

However, if you are concerned about someone who may have declining capacity, it is important that you/they seek legal advice as soon as possible because if that person still has the capacity to make a Lasting Power of Attorney then this may be the more appropriate solution as applications to the Court of Protection are costly, complicated and lengthy.

Our expert team can advise you on all areas including Court of Protection applications, Lasting Powers of Attorney and the duties and responsibilities of managing someone else's affairs generally.

Contact us for more information or to arrange a consultation.

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