What is the Court of Protection?
The Court of Protection is an institution which exists to protect vulnerable persons who cannot make decisions for themselves. Administered by HM Courts & Tribunals Service, it works closely with the Office of the Public Guardian and can make investigations where appointed attorneys may not be acting in the best interests of the vulnerable individual.
If a vulnerable person who does not have the capacity to make their own decisions did not make a Lasting Power of Attorney (LPA) when they did have capacity to do so, somebody will need to apply for Deputyship on their behalf.
Our experienced team can guide you through the process of applying for Deputyship, to ensure it goes as smoothly as possible.
Below, we explain the role of Deputy and a brief outline of the steps required to obtain a Deputyship.
What is Deputyship?
Deputyship is a legal arrangement where a person (the Deputy) is appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to do so for themselves (the vulnerable person).
Who can apply for Deputyship?
Anyone can apply, but typically it would be a family member, friend, or someone with a close relationship to the individual needing support.
If there is nobody who is willing or able to apply and the individual needs to pay for their care, the local authority or a solicitor may apply to become a professional Deputy.
CONTACT US
If you wish to discuss wills, probate, trust or powers of attorney with us, please call Simon Acworth on 01420 81276 or Alison Courtenay on 01420 81271. Alternatively, please fill in the form below.
Do I need a solicitor to make the application on my behalf?
You can make the application personally, but it is always advisable to take legal advice to ensure that it is correct. If there are errors, the application may be rejected by the court, which may mean having to start again.
Although there are various resources that may be able to offer advice, such as charities and other support organisations, a solicitor will not only be able to provide professional advice but will also be able to make the application on your behalf.
What is the process for applying?
Certain court forms need to be completed. These may differ slightly depending on the Order that is being applied for. Here at Downie & Gadban, we can advise you on this process and assist with their completion and submission.
The financial details of the person for whom Deputyship is being applied need to be disclosed, together with details of at least three other persons who may be interested in the application or who ought to be notified that an application is being made (for example, family members or those with a close connection to the vulnerable person).
An assessment of the vulnerable person’s capacity needs to be undertaken by a medical professional. A court capacity form then needs to be completed as part of the application.
If you are applying to become Deputy, you would need to sign a declaration confirming your employment status, that you are not bankrupt and that you have never been convicted of a crime.
The application is then submitted to the Court of Protection, along with the required fee. As your solicitors, we would be able to handle the application process for you.
How much does it cost to apply?
There is a court fee for the application, currently £421. Additional costs may arise from legal fees if you seek legal advice. While this will add to the initial expense, it can save you money and stress in the long run by avoiding the need to reapply due to errors in the application.
How long does the application process take?
The process can take several months, sometimes up to nine months or a year, depending on the court’s workload and the complexity of the case.
What decisions can a Deputy make?
As a Deputy, you can make decisions about property and financial affairs, depending on the specific order granted by the court.
It is unusual for a Deputyship order to be sought for health or welfare matters unless there is a safety issue for the vulnerable person.
Are there any restrictions on Deputies?
Yes, as a Deputy, you must act in the best interests of the vulnerable person and follow the guidelines set by the Court of Protection. You may need to report to the court annually and take out a security bond, depending on the value of the vulnerable person’s assets.
Can a Deputyship be revoked?
Yes, the court can revoke a Deputyship if there are concerns about the Deputy’s ability to act in the best interests of the vulnerable person.
What if I need to make urgent decisions?
If urgent decisions are necessary before a Deputyship is granted, you may need to apply for an emergency court order. Our team would be able to advise on this if needed.
The above information is for general guidance only and is not intended to replace legal advice. Any costs listed are accurate at the time of writing.
