The role of a Deputy in helping an individual who has lost mental capacity
If no Enduring Power of Attorney (EPA) or LPA is in place, you will need to make a Deputyship application to the Court of Protection to manage your friend or relative’s property, affairs or personal welfare.
If your Deputyship application is successful, the Court of Protection will make a Deputy order. Deputies are fully accountable to the Court of Protection and must act in the person’s best interests at all times in line with the Mental Capacity Act 2005.
Once appointed Deputy, the decisions you make are subject to the powers granted to you in the Deputyship order. Personal welfare decisions may include the right to decide where someone lives and receives care and treatment. The Court can sometimes be reluctant to make a general Deputy Health & Welfare appointment, and tends to prefer issue-specific applications.
A Deputy application is much more time consuming and costly than making an LPA. This is why it is always advisable to prepare an LPA before a person loses mental capacity. The cost of registering a Deputy application with the Court of Protection is currently £400. This does not include solicitors’ fees for preparing the Deputy application. The team at Martin Searle Solicitors can normally help with a Deputy application for an agreed fee. We can also assist with annual Deputy Report Forms.