Are you concerned about a friend or relative’s ability to cope with dealing with their financial affairs as they have not made an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA)?

If it is felt that they no longer have capacity to make a Lasting Power of Attorney, an application will need to be made to the Court of Protection to appoint a family member, close friend or a professional to be the person’s deputy. For more information on capacity you can visit the Court of Protection’s website at www.publicguardian.gov.uk

What is a Deputy?

A Deputy can be appointed to assist with the affairs of the person who has lost capacity. The Deputy can be a relative, friend or a professional appointed by the Court of Protection. Gabb and Co are specialists in this area and can be appointed as Deputy by the Court of Protection if there are no relatives or friends who are willing or able to act.

Once a Deputy has been appointed by the Court of Protection the Deputy can manage the affairs of the person who has lost capacity.

What are the Powers, Duties and Responsibilities of a Deputy?

These are appointed by Order of the Court and set out your specific powers in relation to the person who lacks capacity. The Deputy’s duties, powers and responsibilities will depend on the needs of the person who lacks capacity, and can apply to any aspect of the person’s life for example finances, property, personal welfare and health issues.

The decisions a Deputy makes has a major impact on the person and therefore decisions must be made within the framework of the powers given by the Court Order, and must be made in the best interest of the person who lacks capacity.

What should I do now?

If you would like to talk to us about making an application to the Court to be appointed as someone’s Deputy or for further advice please complete the form below and return it to us. We will contact you within 2 working days.

Click here to fill out our online enquiry form.

Alternatively you can contact us as follows:

Contact details:

email privateclient@gabb.co.uk
post 32 Monk Street, Abergavenny, Monmouthshire NP7 5NW or Old Bank House Beaufort Street Crickhowell NP8 1AD
fax 01873 857589

If you have any general questions at this stage, you can always telephone us and ask to speak to a member of our Private Client Team on 01873 852432 (Rhian Llewellyn) or 01873 810629 (Sarah Giles)

For further information, guidance and up-to-date forms we suggest you also visit the website of the Office of the Public Guardian www.publicguardian.gov.uk