Managing someone else's finances through the Court of Protection
By Zoe Gospel
When a loved one is no longer able to manage their money due to illness, injury, or disability, it can feel overwhelming. Everyday financial tasks like paying bills, handling benefits, or managing property may suddenly become complicated. In these situations, the Court of Protection can provide a legal solution by allowing someone else to step in and manage finances on behalf of the person who lacks capacity.
At Pryers Solicitors, we specialise in Court of Protection services and often help families navigate this process. Here’s what you need to know.
What does the Court of Protection do?
The Court of Protection is a specialist court in England and Wales that makes decisions for people who cannot make them themselves because of a lack of mental capacity. It has the power to:
- Decide whether a person has the capacity to manage their own financial affairs.
- Appoint a deputy to act on their behalf.
- Authorise specific financial transactions, such as selling property or accessing trust funds.
When might you need to manage someone else's finances?
You may need authority from the Court of Protection if your loved one:
- Cannot pay household bills or debts.
- Struggles to manage pensions or benefits.
- Needs help dealing with banks, investments, or savings.
- Requires property to be sold or maintained.
- Has received a large compensation award, for example after a personal injury.
If no Lasting Power of Attorney (LPA) was set up before the person lost capacity, the Court of Protection is the only way to obtain legal authority.
Becoming a deputy for property and financial affairs
If the court agrees that your loved one lacks capacity, it can appoint a deputy to manage their finances.
Types of Deputies:
- Lay deputy – often a family member or close friend.
- Professional deputy – usually a solicitor, appointed where finances are complex or family members feel unable to take on the responsibility.
A deputy’s role might include:
- Paying bills, mortgages, or care fees.
- Managing bank accounts and pensions.
- Completing tax returns.
- Selling or maintaining property.
- Keeping accurate records of all financial decisions.
Deputies must always act in the person’s best interests and are supervised by the Office of the Public Guardian .
How to apply to the Court of Protection
The application involves:
- Submitting detailed forms to the court.
- Providing medical evidence of the person’s lack of capacity.
- Notifying relevant family members of the application.
- Waiting for the court to make its decision (which may take several months).
Urgent applications can be made in emergencies, for example, if care fees need to be paid immediately.
Challenges of managing finances as a deputy
Being a deputy is a serious responsibility. Deputies must:
- Keep financial records for annual reports.
- Seek permission for certain large transactions.
- Remain accountable to the court and the Office of the Public Guardian.
Many families find this role demanding, which is why a professional deputy – such as a solicitor – can often be the best option.
How Pryers Solicitors can help
At Pryers, we regularly act as professional deputies, ensuring that vulnerable people’s finances are properly managed and protected. We also support families applying to the Court of Protection, guiding them through the process step by step.
If you need help managing someone else’s finances through the Court of Protection, contact Pryers Solicitors today. Our team will explain your options clearly and ensure your loved one’s best interests are always safeguarded.
Contact Pryers Court of Protection solicitors today by calling 01904 409 720 or get in touch with us using the form below.
Zoe is a client care paralegal, she is the first point of contact for our client's, listening to their requests and questions and making sure they're directed to the right support.
