Making a Deputyship Application

A deputy is a person or people appointed by the Court of Protection to make decisions on behalf of the person who can no longer make them.  A deputy can be appointed to make decisions about a person’s property and finances or about a person’s health and welfare.

Typical decisions and actions taken with regards to a person’s property and finances can include operating bank accounts, buying and selling their house and other assets, tax, benefits and paying household, care and other bills.

Typical decisions taken with regards to a person’s health and welfare relate to where they live, who visits them, the care they receive (that could include consenting to or refusing medical treatment) and everyday matters.

Only when a person has lost their capacity to manage their own affairs and they do not already have an LPA or Enduring Power of attorney in place.  If they still have their capacity, they should consider making an appointment to make a Lasting Power of Attorney. 

They may have already made an Enduring Power of Attorney relating to their property and financial affairs, which the attorney should now consider registering if they have reason to believe the person is mentally incapable or becoming mentally incapable of managing their affairs.

Enduring Powers of Attorney are limited to property and financial affairs decisions only and therefore it may still be appropriate to consider a Deputyship application to provide health and welfare cover. 

If you believe the person already has a Lasting Power of Attorney or an Enduring Power of Attorney, you should call your preferred office listed below to speak to our specialist private client solicitors who can advise on the next steps.

In some circumstances it is better to apply to the Court of Protection for a one-off decision in respect of a person who lacks capacity, where an ongoing application for deputyship appears extreme.

One of our solicitors will be able to advise on the most appropriate course of action to your particular set of circumstances.

The Court of Protection will always have the final say over who should be appointed, they will consider the best interests of the person who lacks capacity and will want to ensure the deputy has the right level of skill and competence.  It is usual for a close family member to be appointed.  Two or more deputies can be appointed and a decision as to whether they are appointed jointly or jointly and severally will be considered.

Consulting a solicitor is the best way to ensure that the application process is followed correctly, the Court of Protection require detailed information as to the individual requiring the deputy, their incapacity and their proposed deputy, to ensure the right person is appointed.  It is also necessary to make sure that relevant people receive notice of the application.

Please do not hesitate to get in touch with your preferred office to arrange a meeting with one of our specialist solicitors during which you can obtain answers to all of your questions and a plan of action can be agreed.