If you have a family member who is no longer able to manage their own affairs and they do not have a Lasting Power of Attorney in place, you may need a deputyship order. This appoints someone as a deputy, giving them authority to take decisions for the individual.
Deputyship orders can be granted for property and financial affairs and also, in some circumstances, for welfare matters. Once the order is made, the deputy can act for the individual, for example, paying bills, looking after their property or arranging care.
At Toner Legal, our experienced deputyship solicitors can put together an application for a deputyship order on your behalf. We will ensure that all necessary accompanying information is sent, including details of assets and liabilities and an assessment of capacity. We will also deal with the required notices that will need to be served on individuals acquainted with the individual.
The application process is not always straightforward and it is essential to follow the correct steps. We understand that this is also likely to be a difficult time for you and your family, and we will guide you through matters sensitively, ensuring you have the support and advice you need. Our team members are easy to contact, and we are always happy to take the time to answer questions as needed and discuss any concerns you may have.
We also provide legal expertise and guidance to deputies on an ongoing basis, including assistance in dealing with annual reporting and supervision. Where necessary, we can make applications for extra authority, for example, if a property needs to be sold or an urgent welfare decision needs to be made.
To speak to one of our expert Court of Protection solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.
Apply to be a Court of Protection deputy
When a family member is unable to make decisions for themselves, a deputy can step in to help. To be a deputy, you need an order from the Court of Protection. This is a specialist court that deals with mental capacity and welfare issues for people who cannot manage their own affairs.
If you believe that you need to become a deputy for someone, it is advisable to take action promptly as the court will take several weeks to process a deputyship application. The application will also take some time to put together, as notice needs to be served on people and assessments of the individual carried out.
We can answer any initial questions you may have and also advise you of the first steps in putting together a strong application.
Deputyship Order/Court of Protection FAQs
Who can be a deputy?
A close family member can be a good choice as a deputy. The role can be time-consuming, so you need to make sure that the deputy has the capacity to take on the job. Dealing with someone else’s finances can also be complicated, so it should be someone with a good understanding of the assets involved. The court will want to ensure that a property and finances deputy has a solid financial background themselves. The deputy will usually be required to put a security bond in place.
If you do not have anyone suitable to act as a deputy for your relative, you can consider a professional deputy. This is usually an experienced deputyship solicitor. We can discuss this with you if necessary.
How do you apply to the Court of Protection to be a deputy?
Before making a deputyship application, you will need to tell the individual that you intend to do this and explain to them why you believe it is necessary. You will also need to notify three people who know the individual. This could be family, friends, a doctor or a social worker.
The Court of Protection will need a range of information regarding the individual’s financial situation, including details of their assets, liabilities and obligations.
An assessment of capacity must be carried out, usually by a doctor or social worker, and this is sent to the court with the application form and fee.
You can purchase extra copies of the sealed order, which you will need to give to the organisations that you will be dealing with, such as banks or a care home.
What authority does the Court of Protection give a deputy?
There are two types of deputyship orders available. One relates to property and financial affairs and the other is in respect of welfare. The order will specify what you can and can’t do as a deputy.
If you need to do anything else in the future that is not covered by the order, another application will need to be made. You would also need a separate order if you ever needed to sell the individual’s property.
Contact our Court of Protection solicitors
If you feel that you need a deputyship order to help a relative, contact us today, and we will do all we can to assist. We provide a comprehensive service, and we will make sure that you have the advice and guidance you need, as well as support throughout the application process.
To speak to one of our expert Court of Protection solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.