Deputyship & the Court of Protection
If a loved one has lost the ability to make decisions for themselves as a result of ill health, and there isn’t a Lasting Power of Attorney in place, you may need to apply for deputyship.
Sometimes we are completely caught off-guard by illness and the results can be devastating.
Applying for Deputyship is done through the Court of Protection and will provide you with the ability to manage the personal affairs of the unwell person, such as finances, welfare and medical decisions.
Deputyship is a legal arrangement which means that you have to go through the right process to get this in place. This can be mentally and emotionally challenging, particularly if you are already supporting someone through an illness or medical condition.
It is the Court of Protection is who appoints a deputy on someone else’s behalf.
They are also responsible for deciding whether someone has the capacity to make decisions themselves, and managing disputes about capacity and decision making.
There are a number of steps that you need to make in order to apply to become a deputy, including application forms, paying court fees and providing medical evidence.
We can support you throughout this process – from completing the application paperwork to helping you understand your responsibilities once appointed.
You can choose a free 30-min
consultation, or an in-person chat
about your unique circumstances.
Frequently Asked Questions
What’s the difference between deputyship and Lasting Power of Attorney (LPA)?
An LPA is put in place BEFORE the person loses the capacity to make decisions. A deputyship is awarded after someone has lost capacity. This might be due to something such as a brain injury, or it could be as a result of a longer-term illness. Applying for a deputyship can be a longer, more difficult and more expensive process.
I’m the only living relative, will I automatically become the deputy?
Not necessarily. The Court of Protection will make their decision based on many different things, and they can decide not to appoint you as the deputy if they feel it is not the best decision for your relative.
Pricing
There are many things to consider with an application to the Court of Protection, and as a result, fees will vary. Please contact us for more information.