Our Private Client team can assist with Court of Protection deputyship applications, guiding you through the legal processes for managing a loved one’s property, financial or personal affairs when they lack capacity.
Who can become a deputy?
One or more people can apply to the Court of Protection to become a deputy for an individual. These are usually the family or friends of the person who lacks mental capacity to deal with their own affairs, but can be a professional deputy if no-one is able or willing to act. They must be at least 18 years of age and have the appropriate skills to take on what can sometimes be an onerous role.
There are two types of deputyship orders which the court can make:
Property and financial affairs order
One type of application to the Court of Protection can allow the deputy(s) to deal with monetary matters for example, paying bills (such as care fees), selling property, making gifts and maintaining financial stability. This type of application represents the vast majority of submissions to the court.
Personal health and welfare order
Allowing the deputy to make decisions about health and welfare matters for example the types of medical treatment the person undergoes, the type of care that the person receives and where they will receive it (for example, will that care be provided in a care home or in the person’s own home). Health and welfare applications to the court are relatively rare and very few of these types of orders are issued.
How do you apply to be appointed as a deputy?
The application forms for submission to the court are lengthy and are designed to collect as much information as possible about the person who lacks capacity. This includes where they live, what monies they have, what other assets they own or may be entitled to as well as their income and expenditure.
Medical evidence is also required by the court for consideration so the court can satisfy itself that the appointment of a deputy is absolutely necessary. The court will consider the information provided and will ensure that certain interested parties, including the person lacking capacity, are informed of the application
When they have made a decision, the court require the deputy to provide a bond (a kind of insurance policy) before finally issuing the order.
It is not unusual for the process to take between six and twelve months.
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