What is a Deputyship Order?
A Deputyship order is applied for when a person loses mental capacity without having a valid Enduring Power of Attorney or Lasting Power of
Attorney in place. This order is granted by the Court of Protection; a court which makes decisions for those that can’t decide on matters themselves.
A Deputyship order provides a person with authority from the court to deal with another person’s financial or health and welfare matters.
The applications for a Financial Deputyship order and Welfare Deputyship order are separate.
Each order can grant a general power to deal with a person’s day-to-day affairs or give authority in relation to a specific activity (such as the sale of property).
Who can apply to be a Deputy?
Anyone over the age of 18 can apply to become a Deputy.
Most people are appointed as a Deputy in relation to a person’s Financial Affairs. Deputyship orders in relation to a person’s Health and Welfare are only issued in limited circumstances.
The court will look at the facts at hand to establish if the appointment of the person (or people) applying to be Deputy is appropriate. Factors such as how close the applicant is to the person in question, the circumstances of the person lacking capacity, and the circumstances of the person applying to be Deputy, are all considered.
If the court deems there isn’t anyone suitable to take on this appointment, a Solicitor may be appointed as a professional Deputy instead.
What responsibilities does a Deputy have?
A Deputy must ensure that they are acting in the best interests of the person lacking capacity at all times.
A Deputy is expected to keep accurate records in relation to any monies spent on behalf of the person concerned. The Court of Protection will monitor this closely and require the appointed Deputy to report to them on an annual basis.
The Deputyship order will dictate what the Deputy can do on behalf of the person lacking capacity. If a Deputy is seeking to perform an activity which falls outside of the scope of the original order, a separate court order will need to be obtained by them in order to gain the court’s consent.
How long does it take for a Deputyship order to be granted?
At present, applications typically take in the region of 4-6 months to complete.
I’m considering applying as a Deputy for my loved one who lacks capacity – can Eddowes, Perry & Osbourne help me?
Our compassionate solicitors here at Eddowes, Perry & Osbourne, understand how difficult it can be to go through this process. We are very experienced in all matters relating to Deputyship orders and are here to help you and your family every step of the way. Please contact us by email on miles.astbury-crimes@e-p-o.co.uk or sarah.owens@e-p-o.co.uk or by telephone on 0121 686 9444 to discuss your requirements.