Deputyship and the Court of Protection
The role of a Deputy in helping an individual who has lost mental capacity
Deputyship may be required if it is too late to consider making a Lasting Power of Attorney (LPA) because the person concerned no longer has the mental capacity to do so.
Making a deputyship application
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.
Decision-making powers of Deputies
Once appointed Deputy, the decisions you make are subject to the powers granted to you in the Deputyship order. General decisions relating to the person’s property and financial affairs may include:
- Access to the person’s bank account and the authority to open a separate ‘Deputy’ bank account;
- Managing and paying bills on the person’s behalf;
- Liaising with the Department for Work and Pensions, for example to claim benefits;
- Liaising with financial institutions, for example to invest capital;
- Personal welfare decisions may include the right to decide where someone lives and receives care and treatment.
Deputyship costs
A deputyship application is much more time consuming than making an LPA and deputyship costs are more than an LPA which is why it is always advisable to prepare an LPA before a person loses mental capacity. The cost of registering a deputyship application with the Court of Protection is currently £400. This does not include solicitors’ fees for preparing the deputyship application. martin searle solicitors can help with a deputyship application for a set fee.
Need help with a deputyship application?
For help with making a deputyship application contact Cate Searle on 01273 609911.
