Public Guardianship

If a person becomes mentally incapable and is therefore unable to handle their own affairs they may become subject to the Office of the Public Guardianship. The first question to ask is whether or not they have a Power of Attorney. This may either be an Enduring Power of Attorney or a Lasting Power of Attorney relating to their personal welfare or personal property, or both.

If they do have a Power of Attorney it must then be registered with the Office of the Public Guardianship before it can be used. If they do not have a Power of Attorney an appointment will need to be made under the Mental Health Act 1983. Usually, this will be by way of an Order from the Office of the Public Guardian appointing a Deputy. Once appointed, the Deputy will then be able to look after the person’s day to day financial affairs.

Any person over the age of 18 may be considered by the Office of the Public Guardian to be appointed as a Deputy. If there is nobody willing to act as a Deputy the Public Trustee may appoint themselves.

Once an Order has been made, the Deputy must act in accordance with that Order and deal with the day to day administration of that person’s affairs. The Deputy is also responsible for producing annual accounts.

Our Private Client team are experienced in acting for people who wish to apply for their appointment as Deputies. Where there is no one available to act Sue Dayment, a s a Partner, will also apply to be their professional Deputy.

You can find further information on this area by downloading our fact sheet by clicking on the link to the left of this page.

If you would like any further information about us or any of our services, please contact us so that we can help you.