Deputyships

In an ideal world, everyone would have a Lasting Power of Attorney (LPA) in place, which comes into force if they lose the mental capacity to make decisions. However, sometimes mental incapacity happens suddenly, or a person simply hasn’t got around to making an LPA.

Where someone loses capacity and they don’t have an LPA in place, then you can apply to the Court of Protection to get a Deputyship Order so that you can manage their financial affairs, or make decisions about their welfare.

As is the case with LPAs, you get two types of deputyship: property and affairs, health and welfare.

Once you’re appointed as the Deputy, you can manage the person’s financial affairs. That means that you’re allowed to:

• pay their care fees
• sign cheques on their behalf
• withdraw money from their account
• pay their bills
• sell their home
• organise their investments.

As the Deputy, you need to complete and file an annual report. This sets out the decisions you have made and explains how you have handled the person’s money and property.

Your role is to act in the best interests of the person who has lost capacity.  

Regrettably, the process of applying for a Deputyship Order is often time-consuming and complex.

We can guide you through the process and make it as straightforward as possible. The application requires:

• A medical certificate confirming the loss of the capacity of the individual
• Various forms. These include: (i) a supporting information form; (ii) an assessment of capacity form (iii) a deputy’s declaration, and (iv) an acknowledgement form.

We can make sure you’ve collated all the forms you need from various people, and make sure that they are completed correctly. Having all the paperwork in order will help to avoid delays in the court process.

We can also help you with completing the annual report so that it is valid and contains all the relevant information you need to show.