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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my wife and I had IVA in 2002 which we cleared in 2004 I

Resolved Question:

Hi my wife and I had IVA in 2002 which we cleared in 2004 I now need to appy to the court of protection for an elederly relative, will it effect the application?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that you are seeking a deputyship order at the CoP for your relative please or are you making another type of application?

Joshua :

May I confirm with you that since clearing your IVA in 2004 your fiances have been kept in generally good order and that you are not presently subject to nor know of any circumstances that make it likely that you will be made subject to any form of insolvency action?

Customer:

finances in good order and seeking the arrangement to look after his finances etc

Joshua :

Thanks.

Joshua :

8.32 of the mental capacity act code of practice provides: "It is for the court to decide who to appoint as a deputy. Different skills may be required depending on whether the deputy’s decisions will be about a person’s welfare (including healthcare), their finances or both. The court will decide whether the proposed deputy is reliable and trustworthy and has an appropriate level of skill and competence to carry out the necessary tasks."

Joshua :

the code further provides that an individual who is bankrupt or in an IVA will not usually be suitable for consideration as a deputy. However, there is no prohibition on an individual who is no longer subject to an individual voluntary arrangement for applying for and being appointed as a deputy. The Court of protection has some considerable degree of discretion in assessing applicants eligibility but providing the court is satisfied that your financial conduct is satisfactory and your appointment is generally in the best interests of your relative, there is no reason your application should not succeed. A more than 10-year-old IVA should not form any barrier providing you can demonstrate present solvency and general good conduct.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Law Specialists are ready to help you