When someone loses mental capacity without a lasting power of attorney, families are often shocked to find that nobody, not even a husband or wife, has the right to manage their money.
What families run into
- Bank accounts in the person's sole name are frozen once the bank knows they've lost capacity.
- Pensions, investments and ISAs can't be managed.
- Their home can't be sold to pay for care, and a jointly owned home can't be sold without a court order.
- Bills and care fees still have to be paid.
Applying to the Court of Protection
To manage the person's money, someone has to apply to the Court of Protection to be appointed their property and financial affairs deputy. It involves detailed forms, a capacity assessment, notifying family members, a court fee and, once appointed, annual reports to the Office of the Public Guardian and a security bond.
Deputies are closely supervised. They often need the court's permission for things an attorney could just do, such as making gifts or selling property.
Compared with an LPA
An LPA costs £92 to register and you choose your attorneys. A deputyship costs far more, takes longer, and the court decides who acts. See the difference for your family.
Already in this situation? A specialist can help with a deputyship application. Not yet? Make LPAs while you can. Request a call back.
Frequently asked questions
How long does a deputyship application take?
Typically several months from application to order, and longer if the application is complicated or someone objects. During that time, money in the person's sole name usually can't be touched.
What does a deputyship cost?
There's a court application fee of over £400, a £100 assessment fee for new deputies, an annual supervision fee of £320 (or £35 for smaller estates) and a security bond. Solicitors' fees are extra if you use one.
Can I become a deputy for health and welfare?
It's possible, but courts rarely grant welfare deputyships. Most health and care decisions are made by professionals in the person's best interests.
Can my parent still make an LPA after a dementia diagnosis?
Often, yes. A diagnosis doesn't automatically mean someone lacks capacity. If they can understand what an LPA is and what it does, they may still be able to make one. Act quickly.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.