When there are no Powers of Attorney a Deputy can be assigned by the Court of Protection

“Over time my Aunty Mrs Sylvia Johnson (a singer during world war ll) developed dementia and needed special care in a care home closer to my main residence. Her Husband had always organised their finances so when he died, my Aunty, a very private person was left vulnerable and knowing little of her finances and assets. As there were no Powers of Attorney, I had to apply to the Court of Protection to become her Deputy which took 7 months to obtain.

As my Aunty took no interest in her financial affairs and was in failing health I had to be helped with the onerous Court of Protection papers from Aunt Sylvia’s Solicitor. After a long 7 months and helplessly not being able to act in this interim period, I was appointed her Deputy by the Court of Protection and at this point was introduced by the Solicitor to Ben Allen, an Independent Financial Adviser, who completed an extremely detailed fact find of all holdings, income, expenditure, care requirements before recommendations regarding tax planning, investments, care needs and cash flow were produced. I knew nothing personally about Investments but Ben put me completely at ease. As Deputy, I continued to rent her property, whilst her money was invested to meet Sylvia’s care need shortfalls. My Aunty was in the care home for over 6 years at a cost of £211,000 (fees paid on her behalf).

As Deputy, I had to keep a detailed audit account of my Aunty’s finances, income and expenditure, whilst inspecting the care home, her room and clothes. Annual forms are required to be completed by the Court of Protection and I received regular visits from them to monitor my records. I will be forever grateful to Allen Tomas & Co for their professionalism, care and compassion, however the Court of Protection demands and processes can be avoided had my Aunty completed a Power of Attorney whilst she had mental capacity.”

Greta Riley, Ipswich