What is a Deputyship Order and why would I need one? – Our Private Client team explain what it is to be a deputy and when an order is needed.
What is a Deputy Order?
It is advised that people have a Lasting Power of Attorney (an LPA) in place and registered with the Office of the Public Guardian in case this is ever required. However, there are instances where a person lacks mental capacity to deal with their own affairs and they do not have an LPA in place. When this happens, no one can assist them with their affairs, or access the bank accounts to pay bills etc without having a Deputy Order.
This can be problematic, as such, it may become necessary to apply to the Court of Protection for a Deputyship Order.
What is a Deputy?
A Deputy is a person who is appointed by the Court of Protection to make decisions for someone who has lost mental capacity and is therefore unable to make their own decisions. There are two types of Deputy, Personal Welfare Deputy and Property and Financial Affairs Deputy.
A family member can be appointed as Deputy, however, in some cases, it may be necessary to appoint a professional Deputy such as a Solicitor. This is an important decision to make prior to the application being made.
What is the process of applying for a Deputyship Order?
The process of applying for a Deputyship Order can be lengthy. This can cause difficulties, especially if urgent assistance is required. It is possible to ask for urgent orders in some situations.
The first step is to contact a solicitor to assist you in completing the forms required for the application and also requesting that a medical professional such as a GP completes the mental capacity assessment form prior to the application being made. Also, you must ensure that you meet the criteria to be appointed as a Deputy.
Formal notice must be served on a specific group of people, including the person to whom the application relates.
The fee for the mental capacity assessment must be paid and there is also a fee to make the application, unless there are any fee reductions or remissions available.
What is the role of the Deputy?
The role of the Deputy is to assist the person to whom the application relates with their affairs. There is a greater supervision placed on a Deputy than an attorney.
As a Deputy, you must report to the Court of Protection and will have to complete a Deputy report every 12 months. This is to show all transactions and decisions that have been made in the role of Deputy.
In some cases, the Court may arrange for a visit from the Court of Protection to ensure that you are carrying out your duties correctly.
Ready to start the process? Contact our Private Client Team today.
To find out more information on becoming a Deputy visit the Gov Website.