UK:
Court Of Protection: Financial Institutions Now Regularly Question Deputyship Orders
09 August 2019
Hewitsons LLP
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Persons appointed as a deputy by the Court of Protection are
reporting difficulty dealing with employees of financial service
providers, utility companies and local authorities, say experts.
Institutions regularly question the validity of a court-appointed
Deputyship for a person who lacks mental capacity, often asking
(not unreasonably) to see the sealed court order, but then not
knowing what it is they are seeing.
To deal with this the UK Regulators Network published guidance
notes which were written in collaboration with the Office of the
Public Guardian. It aims to make things easier for policy makers
and utility companies who have become more risk averse.
The guidance provides examples of what a valid court order looks
like, whether an office or certified copy is needed and when they
can be certain that it should be used.
To avoid all of this we recommend that our clients take the
precaution of creating LPAs, as a registered and certified copy of
an LPA is more widely recognised by financial institutions and
utility companies. Not to mention avoiding the great expense of a
deputyship application and the ongoing involvement thereafter by
the OPG.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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