If you do not have a Lasting Power of Attorney in place and become unable to manage your affairs, the alternative is for your family to apply to the Court of Protection for a Deputy to be appointed to deal with financial affairs on your behalf. Deputies are still a relatively new concept only coming into existence on the 1st October 2008. The role is similar to the role of Receiver that existed previously but the powers are slightly more wide ranging.

Anyone can be appointed as Deputy, provided they can demonstrate their suitability to the Court of Protection. The person appointed by them will often be one of their relatives. The Court of Protection has to approve the person and make the formal appointment. The procedure for appointing a receiver is more time-consuming and complicated than the registration of a Lasting Power of Attorney.

However there may be no suitable family member willing to be a Deputy or the family may decide to ask a professional, such as a solicitor or accountant to become the Deputy. Our department is extremely unusual because we have significant experience in this area handling upwards of 70 cases at any on time. The head of Private Client. Nicola Manning who is also one of the Partners in the firm acts as an approved professional Deputy.

The Deputy is responsible for keeping in contact with the client and his family, consulting him about his day-to-day needs and how his money should be spent. The Deputy must manage the income flow at an appropriate level to cater for the client's regular living expenses. It is a much more demanding process than being appointed as an Attorney, as you will need to file formal accounts each year with the Court of Protection.

Nicola has been a solicitor for over 26 years, working during that time in firms both in the City and more locally in South London and Surrey. She has gained extensive experience of all areas of practice during the many years she has been involved in the legal profession. She also sat for 3 years in the 1990s on the Management Committee of Lambeth Citizens Advice Bureaux during the period of reforms and closure of one of their centres, so her work experience has been varied and interesting.

Nicola assumed responsibility for the Deputyship of over 70 Court of Protection patients in late 2007 and has committed to visiting each of these and taking an active role in managing their finances alongside her team of experienced private client practitioners within the firm. Without an additional “client base” of her own, Nicola is able to devote the time to her patient visits and file/finance reviews, and prides herself in making herself available 24/7 to care home managers and relatives who have any concerns or anxieties about the processes or the finances.

We can assist you whatever level of help you require whether it be assisting you to make an application, through helping you with your duties as a Deputy such as preparing annual accounts or even taking over the whole process for you and making an application for Nicola Manning our professional Deputy to be appointed on your behalf.

If you would like to talk to us about any aspects of Deputyship for any of your patients or relatives we would be pleased to speak with you by phone or alternatively would be happy to come and discuss it further to see how the team might be able to assist. For further information, in the first instance please contact our Private Client team at Carshalton 020 8432 2041 or South Croydon on 020 8253 7600 or by email carshalton@mcmillan-williams.co.uk or southcroydon @mcmillan-williams.co.uk