Deputy applications are on the increase as each year many people lose the mental capacity to look after their property and affairs properly. Some have thought ahead and have already appointed an attorney (see our section on Lasting Powers of Attorney if the person in question retains mental capacity), but others may not have done so.
In cases where no attorney has been appointed the alternative is for a friend or relative (who is willing and able to do so) to apply to the Court of Protection to become their Deputy and take control of their property and affairs for them. This can be quite a big task depending on the size of the estate or complexity of the assets they will have to deal with.
Becoming a Deputy involves a huge amount of responsibility and many people benefit from seeking professional advice at the outset of an application. This can save the matter becoming complex and large fees being incurred later on. Our fee for providing this advice is completely reclaimable from the estate of the person who has lost capacity.
In most cases, if we are to be appointed as the Deputy, we will defer the entirety of this fee until the order appointing a Deputy has been granted.
This means that, even if you feel that you cannot afford solicitors fees upfront, when confronted with the difficult and upsetting prospect of applying to become someone’s Deputy you will be able to receive the advice you need.
Emma Fuller is head of the private client team at EHL; our solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.
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