Acting to stop harm: the FCA and Appointed Representatives
The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern.
A recent ruling by the Court of Protection means that someone acting as a deputy for a person lacking capacity will in future be able to make gifts on their behalf for tax purposes, even if the person had not engaged in tax planning before losing capacity.
The Guardianship (Missing Persons) Act 2017, more commonly known as ‘Claudia’s Law’, came into force on 31 July 2019 and will allow a guardian to be appointed to manage the affairs of a missing loved one.
When you are appointed as a deputy by the Court of Protection, you will encounter a number of problems in managing the property and affairs of the person who lacks mental capacity. A common struggle is the difficulty of liaising with employees of regulated institutions.
If you have been appointed as a deputy by the Court of Protection to manage the property and affairs of someone who lacks mental capacity, there are a number of responsibilities that you must undertake. One of these is managing that person’s investments.
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