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debtrider
Junior Member
494 Posts |
 Posted - 28 February 2011 : 19:25:46
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My Uncle whom I have been very close to for the past 20 years as recently had a stroke and now lacks the mental capacity to look after his own affairs. I would like to apply to the court of protection to become deputy and look after his affairs. Will I be able to this as I was discharged from bankruptcy in October 2009.
Hope someone can help me on this one.
Debtrider |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 01 March 2011 : 21:12:36
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Hi debtrider,
I'm afraid I don't know the answer to this one but I'll bump it back up for one of the professionals to advise on.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
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StevePett
Starting Member
United Kingdom
1 Posts |
Posted - 02 March 2011 : 07:04:42
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Yes you can - but be ultra careful about keeping money separate and keep perfect records - which you are required to anyway. But if anyone wants to complain, and you haven't got it quite right, you will be a prime target for trouble makers!
No one who is an undischarged bankrupt can act as an attorney or as a deputy.
Steve
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debtrider
Junior Member
494 Posts |
Posted - 02 March 2011 : 17:46:38
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I have read that you can get power of attorney if you are a discharged bankrupt, but I haven't been able to find anything about being a deputy as a discharged bankrupt. Don't know if there is anything in black and white about this.
Thank you for the feedback so far, but it would be good to get a view from one of the experts. I'm sure someone somewhere must have been in this situation.
Steve say's I can be a deputy and I hope he's correct. Have you read this anywhere or had experience of this.
I run my own business so I am used to keeping records and receipts straight, so I have no problem with that.
Debtrider |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 03 March 2011 : 15:48:43
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Hi Debt rider
welcome back to the forum.
for lasting power of attorney in relation to financial affairs you have to be discharged bankrupt.
I believe but do not have the experience that it is the same for mental incapacity.
you say deputy on the paperwork it normally refers to a replacement or second attorney, the power of the decisions can be indicated on the form (jointly severly etc), so one would presume deputy / replacement can be a discharged BR.
Paul at reviva is the expert relevant to Lasting power of attorneys he may be worth contacting
Richard |
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Topic |
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applying to court of protection
