The following Wills & Probate Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of Protection. A deputy will often be appointed in circumstances whereby a person loses capacity but there is no Lasting Power of Attorney (LPA) or such a power has not been registered.
The Court of Protection (the Court) will determine the suitability of the applicant to be the deputy, and will ordinarily circumscribe their powers. The Court can also supervise the deputyship if appropriate.
A deputyship terminates upon the death of the protected person, meaning that the erstwhile deputy is not in a position automatically to administer their estate. If the protected person had a valid Will, this power will devolve upon the executors named in that Will. The death of a protected person
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