•  If a person becomes incapable, whether through old age, illness or an accident, of running their own financial affairs, then someone must be appointed to deal with their affairs for them.

• If the person concerned has a Property and Affairs Lasting Power of Attorney, or a valid Enduring Power of Attorney made before October 2007, then the Attorneys appointed by these documents can manage their affairs. A registration procedure must first be followed with Enduring Powers of Attorney but this is relatively straightforward – we can help.

• If there is no Lasting or Enduring Power of Attorney in place, then the Public Guardianship Office and the Court of Protection will have to be involved. The Court of Protection is a special Court which makes decisions for people who cannot manage their financial affairs any more, including making decisions as to who should be appointed to manage their affairs for them. The Public Guardianship Office is a wing of the Court of Protection and exists to supervise people who are appointed to manage other people’s financial affairs.

• Those appointed to manage another’s financial affairs by the Court are called Deputies.

• Making an application to the Court to be appointed as a Deputy involves lots of paperwork, and we can guide you through this or complete it for you. The paperwork consists of an application form, a detailed form giving details of all the property and assets owned by the person, their income and outgoings, care needs and costs, an assessment form which will need to be completed by their GP or another medical practitioner, and a declaration form for completion by the person wishing to be appointed as Deputy giving details about themselves. An application fee is payable when the papers are sent to Court - currently £400. Once the application is lodged at Court, they will issue further forms for completion and it is usual that other family members must be notified so everyone is aware what is happening; strict timescales are imposed for notification.

• The Court holds a hearing to make a decision; it is unusual for the person making the application to need to attend. Generally, the Court makes a decision on the basis of the paperwork it has received. If the Court decides that the person who has making the application should be appointed as a Deputy, they will issue a formal order giving to appoint them. You will need to check this carefully. A further £125 is payable to the Court on the deputy’s appointment and they may decide that supervision fees are also payable to them on an annual basis – these can be set between nil and £750 a year.

• Once appointed, you may manage the person’s financial affairs but you are subject to obligations under the Mental Health Act 2005 and duties to report to the Office of the Public Guardian when requested to do so.

Salisbury 
Gill Bassett   
01722 424480
gill.bassett@bishopslaw.com

Amesbury
Jane Davey
01980 676606
jane.davey@bishopslaw.com