Our specialist team are experienced in dealing with managing the affairs of elderly clients who no longer have capacity.
People may lose capacity because of dementia, an age-related condition, learning difficulty, stroke, or a fall resulting in a brain injury. If you are not sure whether they have lost capacity, already have an Attorney or need a Deputy, we can help.
What needs to be done and why?
If your loved one or friend has not got round to appointing an Attorney under a Lasting Power of Attorney and no longer has capacity to do so, there is nobody to manage their affairs. If this is the case, an application to the Court of Protection (Court) to appoint a Deputy must be made. Without this, nothing can be done with their property and financial affairs.
The elderly client will often own their own home which will then be unoccupied if they are now residing in a care home. Relatives will come under pressure from the Local Authority to sell the property in order to pay for care home fees. The only course of action is to have someone appointed as their Deputy in order to manage their affairs. Until the Order appointing the Deputy is made, nothing can be done with an empty property and there is no valid legal way of accessing the elderly client’s bank accounts to pay bills, care home fees and deal with their financial affairs in general.
Why use Linder Myers?
Our specialist, friendly team is regularly approached to act as Deputy or take over the role of Deputy. This may either be in circumstances where there are no relatives willing or able to act or if the relatives find the responsibilities of being a Deputy too onerous or the relationship has broken down. We are always able to offer solutions if you are experiencing difficulties in this respect.
Linder Myers has a great deal of expertise in assisting relatives to make an application to the Court of Protection so that they can be appointed as Deputy to look after a loved one. We can guide a potential Lay Deputy through the application process and minimise the difficulties that will occur. We can also advise on a relative’s role in acting as a Lay Deputy and their responsibilities and duties to the Court in the future.
We have several solicitors who are members of Solicitors for the Elderly, the Society of Trust and Estate Practitioners and the Court of Protection Practitioners Association.
To find out more about being appointed as a Lay Deputy, please click here.
To find out more about appointing a Professional Deputy, please click here.
For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email firstname.lastname@example.orgMeet the Court of Protection team