If someone loses mental capacity and is no longer able to deal with their own affairs then without a Power of Attorney nobody has the legal authority to step in.
In these circumstances, in order to take over the mentally incapable persons financial affairs, it would be necessary to apply to the Court of Protection for a Deputyship Order.
A Deputyship Order is an Order from the Court allowing someone else to act on behalf of a mentally incapable person. The person authorised to act is known as a Deputy. This Order can then be shown to all financial institutions and authorises them to deal with the appointed Deputy in all matters going forward.
A Deputy must be over 18 years old and is usually a close family member but can be a friend or even a professional, such as a solicitor.
A Deputy can be appointed to act in relation to someone’s finances (known as a Deputy for property and affairs) or in relation to their personal welfare (although this is rarer).
Any Deputyship Order gives clear directions as to what the Deputy can and cannot do.
A Deputy has a very important role to perform and certain formalities must be followed to ensure that they are carrying out their duties correctly.
Being a Deputy is a very important role with many duties and obligation. You should always seek professional advice before taking on the role of Deputy to ensure that you understand your obligations.
Our team of experts cover the whole of South Yorkshire. We can advise you about the processes and procedures and help take away the stress and worry that comes with this type of matter.
For more information, why not click the links below, download one of our helpful guides or call our team to discuss your problems in person on 0114 272 1884 or 01302 341414
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