What is a Deputyship?
If you have not prepared a Lasting Power of Attorney or if you do not have in place a valid Enduring Power of Attorney (prepared before 01 October 2007) and you lose mental capacity it is likely that you will need someone to make application to the Court of Protection to apply to become a deputy help you. A deputy is someone appointed by the Court of Protection to make decisions for you if you are unable to do so on your own. The deputy is responsible for making decisions for you until either you die or are able to make decisions on your own again. The Mental Capacity Act is used to work out if you can make your own decisions and how you can be helped. The Court won’t appoint someone as deputy if you are able to make your own decisions, and you may be able to make a Lasting Power of Attorney instead.
Who can be a deputy?
A deputy is usually a close friend or relative, aged 18 or over, of the person who needs help making decisions. Professionals such as accountants and solicitors from the commercial sector can act and Local Authorities also provide a deputyship service. Allied Services Trust as a registered charity can be appointed as a deputy. The Court of Protection can appoint more than one person to be a deputy, and if no one is able to act in this role they have ability to appoint a ‘panel deputy’ to look after someone’s financial affairs. Panel deputies have specialist knowledge of mental capacity law.
What does a deputy do?
Deputies can be appointed to look after your property and financial affairs and/or to look after your health and welfare much like a Lasting Power of Attorney.
How can someone apply to become a deputy?
If you need to apply to the Court of Protection to become a deputy for someone who has lost mental capacity please click on the link to access the Court of Protection website. https://www.gov.uk/apply-to-the-court-of-protection
You may choose to seek professional help for the preparation of a deputyship application to the Court of Protection. We recommend that you compare the market place.