Deputyship application appropriate

Trusts Discussion
1

We act for the deputies who manage finances of a lady in a nursing home. The home has contacted us regarding another resident who lacks capacity. Her care fees are being met by the local NHS CCG but there is no one managing her finances. The manager of the home believes she could be at the home for a long time as she is relatively young. At the moment, the care home has been meeting the costs of clothing, haircuts etc but have asked if we would apply to the Court to be appointed deputies.

The local authority and CCG seem aware of the situation but appear to believe the other agency is dealing with managing the lady’s finances. We don’t have any previous relationship with the lady.

Would the Court consider an application by a partner at our firm to be appointed deputy given there is no pressing need to deal with her fianances? Is it more appropriate for the local authority to be taking this forward?

Samir Hussain
Gregsons

2

Our experience with clients with low income/assets in a care home, is that usually there is not sufficient assets to require anyone to be appointed to manage and also not a wise use of the individuals’ remaining funds. Normally, the individual does not have enough assets to pay the costs of the deputyship application, much less solicitors’ costs in preparing the same (they equal quite a few hair appointments!) Thus, the council or social worker manages those individuals.

Leslie Emilie Tuck
Mewies Solicitors