If you become unable to manage your own affairs or make your own decisions and do not have a Lasting Power of Attorney in place, then someone will have to apply to become your “Deputy” and this may not be the person you would have chosen.
A Deputy has similar powers and responsibilities to an Attorney. However, to be appointed, a proposed Deputy will need to make an application to the Court of Protection. They will need to complete a number of forms and provide a professional assessment confirming that you are no longer capable of making your own decisions.
Further, they may have to attend a Court hearing, obtain a security bond (a form of insurance), notify a number of people of the application and must submit annual reports and accounts for the decisions they have made on your behalf.
Not only can the application to be appointed as a Deputy be stressful, but it usually takes several months or more for the Court to approve the appointment. During this time, the proposed Deputy has no authority to deal with your finances and provide for your needs which is difficult for all concerned.
The fees involved are also substantially more than for making Lasting Powers of Attorney, with fees payable to the Court of Protection for the application process and ongoing monitoring by the Court of Protection supervising your Deputy’s decisions.
For more information, or to request an appointment, contact us:
Poole: 01202 674425
Bournemouth: 01202 558844
enquiries@rawlinsdavyreeves.com
