Do you have a child who is approaching 18 years of age who is not able to make decisions for themselves about their finances, their living arrangements and their support?
Or do you have a parent or spouse who has had a stroke or developed dementia and can no longer make their own decisions?
If an enduring or lasting power of attorney has not been created before they lose their mental capacity to make their own major decisions, then a deputy may need to be given the legal power to act by the Court of Protection, to manage their finances and property for them.
Once a child reaches their 18th birthday, the parents no longer have legal authority to make major decisions for them about their health and welfare (where they live, who they live with, who looks after them, what services they use) – the social care and health professionals will decide what is best for the son or daughter. If you want final decision-making power, on health and welfare matters you will need to apply for welfare deputyship. It is not easy to convince the court to appoint a welfare deputy. If the person has savings, property, a compensation award or has inherited over £6,000 or any income from other sources in addition to the state benefits and pension, then someone (family, a solicitor or local authority) will have to apply to be appointed as their deputy for finances.
If the person has only income from state benefits/pension, owns no property and has savings it may be possible to manage their finances under an ‘appointeeship’ from the Department of Work and Pensions, without needing a deputyship.
The Advice Team can support you to make an application to the Court of Protection that could enable you to be appointed as a ‘deputy’ and have the right to make the decisions you believe to be the best for your loved one.
The team will explain what you need to do at every stage, help you fill in forms and provide you with advice and support throughout the process.
Find out more with our useful factsheets:
- Differences between appointeeship and deputyship
- What does a deputy do?
- What does an appointee do?
- Do we need appointeeship or deputyship?
- Appointing a professional deputy
- Monitoring of deputies
- Fees and remuneration
- All the costs of applying to the Court of Protection for a deputyship
- Advantages & disadvantages of appointeeship
- Transferring appointeeship
Get in touch…
0300 330 5514 (calls charged at the local rate)
Monday to Friday, 9.30am – 1.30pm (information and appointment line)
Where is our Advice Team…
Unit C, Acorn Business Park, Ling Road, Poole BH12 4NZ
Jewell Academy Bournemouth, Jewell Road, Townsend, BournemouthBH8 0LT