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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
An assessment to determine whether an individual has capacity to manage their property and financial affairs is required when an individual’s capacity is in doubt and they need to make decisions relating to their property and finances. For example, they may want to sell or purchase a property, need to manage an award of damages or need to manage their overall affairs.
The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern.
Now you have an idea of the full scope of your role as deputy, here are a few cautionary comments based on our years of experience of working within the field of Court of Protection.
It is not unreasonable for gifts to be made to those close to the Protected Party ("P") during their life time and this can be in a number of ways, whether this be customary, practical or just a one-off gesture.
Buying and selling property is one of the biggest tasks a deputy may be faced with whilst managing the Protected Party’s (‘P’) affairs. The selling of a property may be the only way to access funds that are so desperately needed to pay for P’s ongoing expenses. P may be downsizing and both the sale and purchase of a property may be required. P may need to purchase a more suitable property for their needs as their condition evolves. The property may not only be for P but for partners, children, other family members, carer’s and those involved in P’s daily lives.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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