More deputy/power of attorney questions

[MrsPotterings]

I am still going through the process of applying for deputy powers from my brother who has been in a coma. I would be very grateful with some help. Right now, these questions are bothering me.

My brother has a lot of debts. What's the risk when I apply for deputy and he has these debts? Can the court of protection force him into bankruptcy rather than allow me to try to pay the debts off slowly using rent from his flat?

In general, when you are a deputy, what is the priority of debts versus personal care etc? That is, can the court refuse to allow me to pay for housing, care etc before paying off any of his debts? I could potentially rent his flat out but I don't understand what I am allowed to do with this income given his debts.

If he were well enough to sign a power of attorney form, can I still legally help him with his affairs if he subsequently has full mental capacity or does this only work while he is incapacitated?

The court of protection won't force him into bankruptcy. The people he owes money to might.

If you are appointed deputy, you must act in your brother's best interests. He clearly needs a roof over his head and care. The court of protection will not stop you from paying for housing and care until his debts have been paid. If you rent the house out, it is entirely up to you what you do with the income provided it is in your brother's best interests.

There are two types of POA - property & financial, and health & welfare. A health & welfare POA only entitles you to act if he is unable to make his own decisions. A property & financial POA can be used with your brother's permission regardless of whether he has capacity.