It may be the case that you have found yourself the subject of a deputyship order. The Court will only make this order where it finds that you do not have sufficient capacity to deal with your property and affairs. Lorraine Burke from our Family Team looks at this in more detail.
What this means is that an application was made to the Court of Protection, perhaps by a member of your family, to take control of your finances while you were unwell. For example, you could have suffered a severe brain injury following an accident and someone had to deal with your finances while you could not. You may then have undergone treatment or rehabilitation and you now feel well enough to handle your finances again.
There are two ways that you can bring the deputyship to an end in these circumstances:
- The deputyship order is only for a specified period and that period lapses; or
- You make an application to the court for the deputyship order to be discharged. Medical evidence will need to be submitted to the Court to prove that you have regained capacity and can deal with your property and affairs again.
The Court of Protection only has jurisdiction where a person does not have capacity so, if you have regained capacity, you are entitled to bring the deputyship to an end.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.