Becoming a Deputy for those who are Vulnerable – Carers Week

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Here at Forbes Solicitors, safeguarding a vulnerable adult in regards to their finances is an area we feel strongly about and endeavour to protect. The process of making a will is difficult enough, yet the complexities are heightened for those with a physical or mental disability.

From Monday 6th June, National Carers Week will aim to highlight the strengths and challenges faced by those who offer their services to people in need. Carers are accountable for making the decisions on behalf of those who ‘lack mental capacity’, yet the pressure of getting this right and making the right choices for the person you care about can often be overlooked.

Forbes Solicitors are supportive of the work Carers Week are doing in terms of raising awareness in the area, as well as operating alongside organisations such as Age UK, Carers Trust and MacMillan Cancer Support.

Carers becoming Court of Protection Deputies

If you’re the carer of someone who can no longer make decisions for themselves, you may want to look into how you can help manage their financial affairs or create a statutory will. Applying to the Court of Protection in order to become a ‘Deputy’ will allow you to become responsible for their finances however, if a person has already ‘lost mental capacity’, it is unfortunately too late to make a Lasting Powers of Attorney. No matter whether you’re a spouse, relative or even a friend, the rule still applies and you’ll be required to apply to the Court of Protection before you can make any decisions for them.

So, what does the process involved?

  • Medical evidence will need to be provided in order to prove the person in question is unable to make decisions for themselves
  • Family members must be notified
  • An insurance bond will be issued in order to protect the person’s assets
  • Deputies must report financial records to the Court on a yearly basis

There are a number of different types of deputyship, but you may end up being responsible for the likes of bank account management, selling property and paying bills just to name a few. Although this is a lengthy and time-consuming process, it can be made much easier with legal advice from our specialist Wills, Probate, Tax and Trusts team at Forbes Solicitors.

Before you consider becoming a deputy, you may want to consider the additional duties you will be taking on. Even though you have the best interests of your loved one at heart, it’s important to think of how much the responsibility will have an impact on your own life.

How Forbes Solicitors can help

Even following on from Carers Week, we want to be able to offer the best support when it comes to caring for someone who is deemed vulnerable. If you’re a carer yourself or know someone who will benefit from our advice, please do not hesitate to get in touch with one of our team today. Call Freephone 0800 975 2463 or contact us by email here.

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