How can I assist a family member/friend who has lost capacity and is now unable to manage their finances?

Where a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) for someone’s property and finances has not been put in place prior to a loved one losing mental capacity, Deputyship may need to be applied for, to manage their affairs when they no longer can.

Deputyship provides legal authority to make decisions and act on your family member’s behalf.

To be a Deputy you must be over 18 and it is recommended that you are a close relative or friend of the person who needs assistance.

Our Solicitors at Johnson Astills can help you with a Deputyship application by;

• Arranging the necessary capacity assessments,
• Advising you of your duties as a Deputy, and the responsibilities you will have whilst managing someone’s affairs.
• Drafting the court application.
• Arranging security bonds.

Our Solicitors at Johnson Astills will take you through the order once it is made and remind you of your obligations as a court appointed Deputy, such as:

• Ensuring all decisions are in the persons best interests
• Do everything you can to help the person understand any decisions you are making for them.
• Keep a thorough account of all actions you undertake in regards to their finances.

You will be supervised by the Office of The public Guardian and have annual reviews; they can also assist you with any queries you may have.  

Here at Johnson Astills we have specialist solicitors who can advise you in relation to applications/fixed fee advice for Deputyship; if you would like to speak to a solicitor in our Wills and Probate department please call us on 0116 255 4855.