When an individual is found to lack the capacity to make a decision within the meaning of the Mental Capacity Act 2005, the Court of Protection steps in to appoint someone to do this on their behalf. This person is known as a Deputy.
There are two distinct areas within the Court of Protection where a Deputy can be appointed to act: either in relation to a person’s property and financial affairs or their personal health and welfare.
At Nockolds, we act as Professional Deputies under both types of Order, but more commonly in relation to a person’s property and financial affairs. We take a considerate approach to what is always a sensitive area of law, recognising that everyone’s circumstances are unique.
Duties as a Professional Deputy often include:
Appointing case managers / carers
- Arranging specialist holidays and activities for clients with disabilities
- Claiming benefits
- Completing tax returns
- Dealing with banks
- Filing annual accounts to the Court
- Managing investments
- Purchasing property and arranging adaptations
Our Court of Protection Team is vastly experienced. Yasmin Ameer has been a Court of Protection Professional Deputy for over 20 years and acts for a wide range of clients who have lost capacity. This could be due to a brain injury; illness; clinical negligence or age-related issues - indeed it is a fact that as life expectancy increases, there is more chance we will suffer from conditions such as Alzheimer’s or Dementia. The Team also provides expert and measured advice relating to children and adults with learning disabilities.
Our services include:
Acting as professional deputies
- Advising on making an application to be appointed as a deputy
- Submitting applications to the Court of Protection on behalf of deputies
- Advising on what a deputyship position means and what you can and cannot do
Working in accordance with the Mental Capacity Act 2005, we provide a personal, friendly and cost effective service. We regularly visit clients in their home and always consult with their family and friends throughout. We do this to ensure that we are always acting in the best interests of clients and, where possible, in accordance with their own wishes.
We can also assist those applying to the Court of Protection for Deputyships. Our Team can draft and submit applications, advise on the duties and requirements and provide advice and guidance on the process as well as liaising with the Court of Protection on your behalf.
To find out how our Court of Protection Team can protect the long-term interests of a loved one or plan for your own future, please contact Jennie Jones, Partner in our Court of Protection Team on 01279 755777.