• Financial Applications Solicitors

    If an individual lacks mental capacity to manage their financial affairs and they do not have the sufficient mental capacity to prepare a lasting power of attorney, then someone is able to apply to the Court of Protection to become that persons financial deputy.

    Why do I need to apply to the Court of Protection?

    If someone is lacking mental capacity, they will not be able to manage their financial affairs and will need someone to manage these on their behalf.  If they do not have a power of attorney in place, you will need to apply to the Court of Protection to become a financial deputy for that person, which is authorised by a court order.

    What is a financial deputy?

    A financial deputy is an individual or trust corporation that has been appointed by way of a court order to manage the financial affairs of a person who is lacking mental capacity. The deputy will be responsible for looking after the financial affairs of the person lacking mental capacity, which will include arranging personal spending money, sorting out bills and invoices, paying nursing home fees and sorting out benefit entitlement.

    The deputy will have to submit annual accounts to the Court of Protection to evidence what they have done over a 12-month period.

    Who can be a deputy?

    Technically speaking, anyone can be a deputy, such as a family member or close friend, as long as they are over 18 and willing to act.

    It is possible to have more than one person appointed, a common appointment is for two people which would give greater flexibility and also a back-up option should anything happen to one of the appointed persons.

    If the person lacking mental capacity does not have anyone willing to act as deputy, then it is possible to appoint a professional deputy such as Brachers Trust Corporation Limited, who, once appointed, would manage the daily finances of that person.

    Application process

    The court process for obtaining this type of court order can be a long, drawn out process.  The court will require evidence that the person is lacking mental capacity, evidence of the assets including capital and income, details of family members (close and distant) and details of any ongoing financial care arrangements. On average, this type of application can take up to seven months from start to finish.

    How can we help?

    For advice on becoming a financial deputy, please contact our specialist Court of Protection team who would be happy to assist on 01622 690691.

Key Contacts - Financial Deputy Applications Advice:

Meet the Team:

  • The team at Brachers is knowledgeable and professional and provides pragmatic advice.

    The Legal 500
  • Mary Rimmer has great empathy – was very clear in her explanations – nothing was too much trouble – a really nice person who did a great job.

    Client quote
  • We work with a number of solicitors who hold ‘Power of Attorney’ for our clients and experience, with varying results, how this is applied from a legal, client interest and common-sense perspective. We are happy to say that Brachers is a company that regularly delivers on all three fronts. They demonstrate, on a regular basis, that they make not only the necessary financial decisions but do so with genuine care for the clients under their control. Something that, unfortunately, is quite rare. As a result, we have no hesitation in recommending their service to any prospective clients.

    The Good Care Group