My Brother Has Suffered a Brain Injury. Can I Take Charge of His Affairs?

"My brother has suffered a brain injury after an accident and he needs someone to manage his affairs. He is happy for me to do this. How do we put this in motion?"

I’m sorry to hear about your brother’s accident. Hopefully, you seeking authority to make key decisions on your brother’s behalf will give him the comfort of knowing his affairs are being looked after.

In order to become your brother’s Deputy, you need to apply to the Court of Protection. You must be over 18 and must have adequate knowledge to be a Deputy.

Some things to consider:

• A Deputyship would give you legal authority to make decisions on your brother’s behalf if he no longer has the capacity to arrange an LPA
• Becoming a Deputy is an ongoing responsibility. You have a duty to keep records of the decisions you make and report to the Office of the Public Guardian annually
• It is common for a Solicitor to take on the role of Deputy
• A Solicitor can help with the application process. The costs may be recovered from your brother’s estate once you are Deputy
• Where possible, we recommend that more than one relative applies to be Deputy

There are two types of Deputyship:

• For decisions about someone’s property and financial affairs
• For decisions about their personal welfare

Arranging a Deputyship can be complex and it is vital to seek professional guidance. For more information, contact: bethan.robart@jcpsolicitors.co.uk or 01267 234022.

The question posed is based upon a hypothetical situation. Welsh is spoken at JCP Solicitors’ Carmarthen office. This content does not constitute legal advice and is provided for general information purposes only.