lasting power of attorney


Deputyship order for those without a Lasting Power of Attorney

In the event that an adult lacks the requisite mental capacity to make decisions for themselves and has not appointed an Attorney (under a Lasting Power of Attorney or in certain circumstances, an Enduring Power of Attorney) to act for them, it will be necessary to apply to the Court of Protection for a Deputyship order.

A Deputy is a person approved by the Court of Protection to manage the affairs of a person without capacity (P). The key difference between a Deputy and an Attorney is that an Attorney is appointed prior to loss of capacity and therefore P has exercised a choice, whereas a Deputy must apply to the Court and provide evidence to show that they are best placed to manage the affairs of P.

Just as a Lasting Power of Attorney can be created to allow decisions for Health and Welfare and Property and Financial Affairs, it is possible to apply to the Court of Protection for a Deputyship Order in respect of Health and Welfare or Property and Financial Affairs.

If a proposed Deputy is successful in obtaining a Deputyship Order, they will need to take out a security bond to cover losses to P’s estate and will also be subject to annual supervision by the Court of Protection. Costs are payable to the Court for supervision.

It can be quite difficult to persuade the Court of Protection to grant an order appointing a Deputy for Health and Welfare decisions, the logic being that a general order in this regard leaves too wide a scope for abuse. Instead, the Court may be willing to grant an order for a specific issue. We can advise and assist with general applications to the Court of Protection if this is required.

If you are considering acting for a person that does not have capacity then you need to be aware of your duties and obligations. Please contact us to discuss.



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The first glimmer of light…

The announcement this week that the construction industry and property market is once again open for business, is the first glimpse of light at the end of the lockdown economic tunnel.

HK is open for business and our specialist team of property and construction lawyers is ready to help those wishing to move home,  invest in property, refinance and undertake development.

In the following weeks more industries will reopen and our community will continue to revive. I believe that with positivity the Country can fight off, not only Covid 19, but also the economic recession that is anticipated.

We are all looking forward to a brighter future but are mindful of the sacrifices made by each and every one of us over the last few months.  I know that the  HK team are here for our clients to support them and their businesses on the journey that lies ahead.  I may not be certain of what the future holds but I am certain that we at HK are equipped to provide the advice you need. 

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