Deputyship
Granted by the Court of Protection, a Deputyship allows someone to make decisions on behalf of a person who has lost mental capacity and does not have a valid Lasting Power of Attorney in place.
The 2 types of Deputyship
Property and Financial Affairs – These are the most common of Deputyship applications and orders.This Order would allow you to manage the protected party’s property and financial affairs, with various different dictations in respect of authority to deal with specific items.
Health and Welfare – Health and Welfare Orders tend to be required for dealing with specific issues (e.g. changing the vulnerable persons care accommodation where social services disagree) however, the Court of Protection can be very reluctant on issuing such Orders. You can request a general health and welfare Deputyship Order however, it is unlikely that such application will be successful.
Who can apply to be a Deputy?
Anyone over the age of 18 can apply to act as a Deputy. Usually a family member or close friend will be the most suitable person to apply, but it is the Court of Protection who has the final say in who can act.
In some cases, the Court of Protection will determine that a family member/friend is not best placed to be named Deputy. In these circumstances, the Court of Protection will appoint one of their 68 approved panel Deputies, depending on whom is best placed.
The Deputy is responsible for taking on the duties (such as paying bills) of another person and so, it is important that family/friends really consider this responsibility before proceeding with the application. In order to ease such burden, we always suggest that at least two persons should apply to become the Deputy.
We can help
We can discuss the details of your individual circumstances with you and help you decide what powers you may need to request.
This could be the power to make financial and or medical treatment decisions. We can complete and submit the application on your behalf to ensure they're processed by the Court of Protection quickly.
DEputyship
Frequently Asked Questions
Please contact us for more information or to help with specific questions
Question 1: How much does it cost?
Fees for a property and financial affairs Deputyship application will vary depending on the
complexity of the matter, but we can offer a set fixed fee once we have full details.
We are upfront with you about the cost of the service and will not undertake any work without your consent.
Question 2: Who are the OPG?
The OPG (Office of the Public Guardian) are the supervising body for Deputies and they subsequently provide support to both lay and professional Deputies. The OPG also safeguard vulnerable individuals from different risks (e.g. financial abuse).
Question 3: What happens if I do not make LPAs?
If you lose capacity without an LPA in place, your loved ones would need to apply to the Court of Protection to make decisions on your behalf. This is a slower, more expensive and more stressful process, typically taking 6-12 months to resolve.
