Court of Protection Videos

Date when Video was Published: 11/12/2024

How we support lay deputies If you have been appointed as property and affairs deputy for a friend or relative, you may sometimes need legal advice and support. We specialise in all aspects of Court of Protection work relating to finances and can provide advice and assistance for lay deputies. OPG reports We help a number of lay deputies with preparing the annual report for the Office of the Public Guardian. Family care payments We have also assisted lay deputies with claims for family care payments: working out what would be a reasonable amount and applying for court approval of the payments. Lay deputies cannot make payments to themselves from deputyship funds without authority from the court. We can assist with the court application process and with drafting a detailed Witness Statement. The court need to see an analysis of the deputyship income, capital and expenditure in order to assess if the care payments are affordable. They also require details of the care provided in order to check that the care arrangements are in the best interests of the incapacitated person. Statutory wills We have also assisted lay deputies with applications to the court to approve a statutory will. If you die without a will, your estate is distributed in line with the intestacy rules. A statutory will is needed if the beneficiaries under the intestacy rules are not the beneficiaries you would want to leave your estate to. For example: If you do not have a spouse or children, your estate passes to both parents under the intestacy rules. There are cases where the father has never been involved in their child’s life, and in those cases an application is usually made for the court to approve a will where the father is not a beneficiary of the estate. Other court applications Sometimes the deputyship order states that the deputy does not have power to buy or sell property. In those cases, it is necessary to apply to the court for authority to buy and sell property. In children cases, the deputy may need to instruct an education lawyer to challenge the EHCP (statement of special educational needs). This is not covered by the deputyship order and specific authority must be obtained from the court. Other applications include asking the court to authorise gifts in order to reduce the amount of inheritance tax payable when the incapacitated person dies, or to provide financial assistance for a close relative. There are many occasions where a lay deputy may need help from specialist solicitors and we are always happy to help lay deputies when needed.

Disclaimer

This video content was created on 11/12/2024 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2024. Any illegal reproduction of this content is prohibited and will result in immediate legal action.