solicitors

Deputyship Service

WE’LL HANDLE IT WITH SENSITIVITY AND UNDERSTANDING.

If someone close to you loses mental capacity and they do not have a power of attorney in place it will be necessary for an application to be made to the Court of Protection to appoint a deputy on their behalf. A deputy is a person (or persons) appointed by the Court of Protection to manage the affairs of an individual who lacks the mental capacity to do so themselves. The deputy is usually a friend or relative but in some circumstances, it could be a professional  such as a solicitor or an accountant.

Our experienced team will expertly guide you through the deputyship application process and your options if you need to appoint a deputy.

There are two types of deputyship application;

  • Property and affairs deputyship

The most common type of deputyship application is for property and affairs where the court appoints a deputy to manage a person’s  property and financial affairs. A financial deputy must complete and return a deputy report form to the Court of Protection on the anniversary of the deputy’s appointment, confirming money spent during that year, assets, income and any significant decisions made on that person’s behalf.  When a person has no property or savings and their only income is social security benefits, there will usually be no need for a deputy to be appointed. This is because benefits can be managed by an “appointee” appointed by the Department for Work and Pensions.

  •  Personal welfare deputyship

A deputyship application for personal welfare is rare. If an individual lacks the capacity to make decisions about their care and treatment and do not have a Lasting Power of Attorney for health and welfare in place, a person (or persons) can apply to the Court of Protection to become a deputy in relation to decisions concerning the individual’s care and treatment. Deputies are only appointed in extreme circumstances and where no resolution can be reached following a best interest meeting. A best interest meeting would involve all parties connected to a particular health and welfare decision. The Court of Protection will not normally appoint a deputy to  make continuing decisions about an individual’s health and care unless regular treatment or decisions are needed.

Decisions relating to health and care can usually be made in the individual’s best interest, by those providing the care and other interested parties  such as family members and social workers. However, if there was a disagreement as to what is in the individual’s best interest, it may be necessary to refer to the Court of Protection for a decision.

In all circumstances the deputy must comply with the provisions made in the application issued by the Court of Protection.

Next steps

If you would like to learn more about deputyships or appoint a deputy, please get in touch with an experienced member of our team. You can speak to us on 0800 533 5349 or reach us on email at enquiries@mogersdrewett.com

Meet the team

Kate Norris
Kate Norris
Qualified Paralegal
Corinna Howard
Corinna Howard
Legal Assistant

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