When applying for a financial affairs deputyship, the gathering of evidence process typically involves collecting relevant information and documentation to support the application.
The purpose of gathering evidence is to demonstrate to the court of protection that the individual applying for deputyship is suitable and capable of making decisions regarding the financial affairs of the person who lacks capacity.
Here are the key steps involved in the process:
- Understanding the Requirements: Begin by familiarising yourself with the specific requirements and guidelines set by the court for a financial affairs deputyship application. These requirements may vary depending on the jurisdiction, so it’s essential to gather information from the relevant court or legal resources.
- Assessing the Person’s Capacity: Before gathering evidence, it’s important to assess the person’s mental capacity and determine whether they truly lack the capacity to make financial decisions. This assessment can be done by a qualified medical professional or an independent mental capacity assessor.
- Documentation: Collect important documents related to the person’s financial affairs, including bank statements, investment portfolios, property deeds, insurance policies, tax returns, bills, and any relevant legal documents such as power of attorney, wills, or trusts. These documents help provide a comprehensive overview of the person’s financial situation.
- Supporting Statements: Gather supporting statements from relevant parties who can provide insight into the person’s capacity and the need for a deputyship. This may include statements from family members, healthcare professionals, social workers, or any other individuals involved in the person’s care.
- Financial Assessment: Conduct a detailed financial assessment that outlines the person’s income, expenses, assets, and liabilities. This assessment should provide a clear picture of the person’s financial situation and any areas where decision-making support is needed.
- Professional Reports: In some cases, it may be necessary to obtain professional reports to support the deputyship application. These reports can be obtained from accountants, financial advisors, or solicitors who can provide an expert opinion on the person’s financial affairs and the need for deputyship.
- Application Forms: Complete the necessary application forms provided by the court. These forms typically require you to provide detailed information about the person lacking capacity, their financial situation, your relationship with them, and the reasons why you believe you are suitable to be appointed as a deputy.
- Submitting the Application: Once you have gathered all the necessary evidence, submit the completed application forms and supporting documents to the appropriate court. Pay attention to any deadlines or specific submission requirements outlined by the court.