How to make an application for a Deputyship
A Lasting Power of Attorney (LPA) is an agreement to protect either the financial or health interests of a person while they are still mentally competent. It can be used either whilst the applicant still has capacity, or after they have lost their capacity to make their own decisions.
However, if they lose mental capacity before an LPA is in place, the solution is to apply to the Court of Protection (COP) for a Deputy to be appointed on behalf of that person, who will be referred to by the Court as a “Protected Party”. A Deputy can also be authorised to make decisions in relation to the person’s Property and Finances and/or Health and Welfare.
Who can be a Deputy?
Any adult above the age of 18 may apply to the COP. However, it is doubtful any person will be approved with a history of bankruptcy or fraud. A Deputy may be a member of the family or a close friend (a “Lay Deputy”), but it may also be a professional, such as a solicitor. A professional is usually appointed when matters are complex, a Protected Party’s estate is high value, a large compensation award has been received or a family member doesn’t want the responsibility.
How can I apply to be a Deputy?
If you have obtained the capacity assessment from a medical expert, you will then need to complete several application forms. These forms provide details on the Protected Party to the Court of Protection, which helps them determine whether a Deputy is necessary.
You are then required to notify certain people of the application, such as close family members. This gives these people the opportunity to object to the application if they wish to.
In the absence of any objections, the Court will review the application and, if satisfied, appoint the Deputy. The appointment will be confirmed in an Order, which also sets out the responsibilities of the Deputy and any restrictions. This Order can then be forwarded to the relevant organisations, giving the Deputy authority to communicate with them.
The COP receives a high volume of applications each day meaning the entire process can take several months. During this time, no one can handle a Protected Party’s finances until the Deputy is chosen, which can be problematic if there are outstanding debts.
What are the costs involved?
Costs include an application fee currently of £408 and a supervision fee to be paid to the Office of the Public Guardian on an annual basis. There is also a premium to be paid for a security bond. All costs are paid from the funds held by the Protected Party.
Do I need a solicitor?
A solicitor will be able to advise and support you every step of the way to save you time, money, and potential mistakes.
We understand that it may be challenging when a loved one loses their mental capacity.
Our specialist Court of Protection solicitors can help when applying to be a Deputy and to fulfil your duties, such as completing tax returns, preparing the Annual Deputy Report as well as assisting with communicating with the Local Authority or preparing a Statutory Will for a loved one.
