How Do I Apply for a Deputyship Order?

When someone loses mental capacity and there is no Lasting Power of Attorney (LPA) in place, a Deputy can be appointed to manage the person’s property and financial needs on their behalf – and this is arranged with a Deputyship Order.

What is a Deputyship Order?

A Deputyship Order gives a named person – known as a Deputy – the authority to make decisions on behalf of someone who lacks mental capacity. It is a type of court order, granted by the Court of Protection in England and Wales.

When is a Deputyship Order needed?

A Deputyship Order is usually needed for one of these reasons:

• A person is no longer able to manage their financial and day-to-day affairs and there is no LPA in place.
• A person’s need for decision-making on their behalf goes beyond a standard LPA or there are disputes about the decisions being made by the appointed attorney. Sometimes, the Court of Protection will intervene and cancel the existing attorney before appointing a Deputy instead.
• A person who lacks mental capacity requires decisions to be made on their behalf on an ongoing basis or for a complicated reason.

Types of Deputyship Orders

There are two main types of Deputyship Orders:

• Property & Financial Affairs Deputyship
  Responsibilities of a Deputy could include paying bills, managing bank accounts, selling or buying property, arranging benefits and other financial matters.
• Personal Welfare Deputyship
  Responsibilities of a Deputy could include living arrangements, medical treatment and welfare related decisions. This type is rarely granted by the court and usually is only issued for specific care or medical issues.

What does a Deputy do?

There are many duties and responsibilities of a Deputy, including:

• Making decisions in the best interests of the person who lacks mental capacity
• Adhering to the core beliefs and guidelines stated within the Mental Capacity Act 2005 and the Code of Practice
• Submitting annual reports to the Office of the Public Guardian, which supervises deputies to ensure they are acting within the law and in the best interests of the person
• Keeping records of all decisions and transactions

What is the Application Process like?

Applying for a Deputyship Order can be complicated – the process is lengthy and the forms are complex. Often, people use a specialist solicitor with experience of the application process and of working with the Court of Protection to support them during the process.

As a guide, applying for a Deputyship Order includes the following steps:

• Court of Protection Application
  There are many forms to fill in, including COP1A, COP3 and COP4, to detail the person’s situation and why they need a deputyship. This includes sharing a medical assessment that shows the person lacks mental capacity to manage their own affairs.
• Application Awareness
  Family members and others close to the person are told about the application and given the opportunity to object to it or to provide input.
• Waiting for the Court to decide
  The court takes time to assess the application, often taking 9-12 months to decide.
• Court Decision
  After reviewing the application, if all criteria are met, the court will issue a Deputyship Order.

Helping You with Your Deputyship Order

Applying for a Deputyship Order is a stressful process, and comes at a difficult time, which is why our specialist solicitors provide support and guidance to ensure the process is as stress-free and efficient as possible.

We can help you with every aspect of the application process, including assisting with the forms, liaising with the Court of Protection on your behalf, and providing representation if needed. With our assistance, we will ensure accuracy and understanding – we will explain what your duties and responsibilities are as a Deputy and provide guidance for every step of the process to give you total peace of mind.

To speak to us about a Deputyship Order, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.