St Martin's House, 63 West Stockwell St. Colchester, CO1 1HE
Tel: 01206 577676, Fax: 01206 548704

The Chestnuts, 4 Stortford Road, Great Dunmow, Essex, CM6 1DA
Tel: 01371 873277, Fax: 01371 859232

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When a person is no longer able to make decisions regarding their finances or other affairs and they have no existing Enduring or Lasting Power of Attorney, then a family member or friend can make an application to the Court of Protection to be appointed their Deputy.

A Deputy, once appointed, is then able to look after that person’s affairs under the directions of the Court.

Before the application can proceed there are a number of forms which need to be completed and notices detailing the application will need to be served on relatives or close friends of the incapacitated person. It will also be necessary to obtain an up-to-date medical report. Once the Court has all of the completed forms and is satisfied that the application is in the best interests of the individual, an Order will be granted appointing the Deputy.

The Order will specify what you are able to do for the individual but if something arises at a later date which is not covered within the Court Order, then another application will have to be made specifically covering the new issue. It is important therefore to try and cover all matters which may arise and of which you will need to make a decision in the original application.

The Deputy will be asked by the Court to put in place an Insurance Bond by way of security for dealing with the individual’s finances. An annual premium will need to be paid from the individual’s funds. In addition an annual supervision fee is paid to the Office of the Public Guardian depending on the value of the individual’s finances. The Office of the Public Guardian provides guidance and assistance to the Deputy once the Order is effective.

A Deputy should always act in the best interests of the individual and keep proper and comprehensive accounts and records of their dealing and decisions, which will need to be sent to the Office of the Public Guardian once a year. If any dispute arises between the Deputy and a third person over any decision that the Deputy wishes to make, then the Deputy can approach the Court for directions. A Deputy can also go back to the Court if any dispute arises over decision making.

Our Team will be able to assist and advise you throughout the application process, from advising on the Order sought and completion of the application forms, to serving Notices and liaising with doctors and the Court, to ensuring the Order becomes effective. In the majority of cases the costs of the application can be met from the individual's funds.