What is a Deputyship Order?
The Court of Protection will appoint a person to act on your behalf and manage your affairs if you are assessed as not having sufficient mental capacity to make decisions about your financial affairs and health. That person is known as a Deputy and the appointment of a Deputy is made in a Court Order.
Similar to Lasting Powers of Attorney, there are two types of Deputyship Order:
- A Property and Financial Affairs Order; and
- A Personal and Welfare Order.
What is the process of becoming a Deputy?
The individual wishing to become someone’s Deputy must make an application to the Court of Protection. They are known as the “applicant”. The applicant will need to provide to the Court detailed personal and financial information about the individual who they suspect has lost capacity. The Court also requires a doctor to complete a medical assessment and the applicant will need to sign a declaration which outlines the proposed Deputy’s circumstances, duties and responsibilities.
The application is time consuming and can be costly. Whether applying in person or using a solicitor there can be significant delay following the submission of the application to the Court and it can take several months and sometimes over a year, depending on the nature of the application, before the Order is received.
What are the costs involved in making an application to the Court of Protection?
The costs of the application are paid from the incapacitated person’s own funds and as a result the Court can make directions about what costs can be agreed and what needs assessment by the Senior Courts Costs Office. However, some fees must be paid in advance of the Order being received such as the medical report and the Court application fee (currently £365.00). The applicant will pay these fees initially but is recoverable in full once the Order has been made.
How can I avoid Deputyship or an application to the Court of Protection?
We can’t predict the future, but we can plan for it. If you are concerned about losing the mental capacity to make critical decisions regarding your welfare, possessions and your property, speaking to a solicitor with expertise in this area should be your first step. There are a few options in regards to protecting your future, notably by creating Lasting Powers of Attorney. This legal tool allows you to appoint someone you Trust with the authority to manage your affairs if you become incapable.
Setting up a Lasting Power of Attorney does not necessarily mean it has to take immediate effect – in fact, you can choose exactly when the Lasting Power of Attorney will be used and specifically what your appointed Attorney will be able to control.
In summary by planning a little in advance a person could save their relatives or immediate family a great deal of stress and expense by making a Lasting Power of Attorney although the Court of Protection is always there as protection if one isn’t made and someone is assessed as having lost their mental capacity.
Upon our first appointment, our private client solicitors will take the time to understand your unique situation and discuss the details at length in order to secure a solution that is tailored to your needs.
