Supporting you to help others
Applications to the Court of Protection and Deputyship appointments
We can help with:
- Advising on making an application to be appointed as a deputy
- Acting as professional deputies
- Making representations on behalf of a relative to the Court of Protection
- Submitting applications to the Court of Protection on behalf of deputies
- Advising on what a deputyship position means and what you can and cannot do
- Preparing deputy accounts to be submitted to the Court of Protection
The Court of Protection manages property, financial affairs and personal welfare of people who lack mental capacity to make decisions. If a person has not made a Lasting Power of Attorney or prior to October 2007 an Enduring Power of Attorney, an application must be made to the Court of Protection for someone to be appointed as deputy to act on their behalf.
A Deputy is a person appointed by the Court of Protection to deal with property and finance or personal welfare of an individual who already lacks the capacity to make decisions or make a Lasting Power of Attorney.
A deputyship appointment is needed when an individual who lacks capacity needs someone to manage some aspect of their affairs on their behalf. For example this may be to enable the sale of property or to enable the Deputy to access the individual’s bank account to pay for continuing care fees.
In most cases it is the spouse, partner or other close relative who will apply to be appointed as an individual’s Deputy. Anyone over the age of eighteen can apply to hold a deputyship appointment and become a Deputy for an individual. In cases where no one is prepared to take on the responsibility of deputyship then a professional or a member of the local authority or social services can be appointed.
The Deputy will only be able to act on the powers granted to them by the Court of Protection. This is one of the most important reasons for appointing a Solicitor to deal with the application for deputyship on your behalf.
The Deputy will have to report to the Court of Protection at least annually regarding the decisions that have been made on behalf of the person and the administration of the person’s affairs in general. We can complete the forms of the Deputy’s behalf and deal with any continuing enquiries.
There are several basic principles that a Deputy must follow as set out in the Mental Capacity Act 2005. We are available to provide full advice on Deputyship and the responsibilities which include:
- A person cannot be treated as unable to make a decision until all other practicable steps have been taken to help the person make a decision, without success.
- A person must be assumed to have capacity to make a decision unless it can be shown otherwise
- A person cannot be treated as lacking capacity just because he makes an unwise decision
- All decisions made must be in the best interests of the person
- All other avenues must be explored to help the person make a decision that is less restrictive to their own personal rights than by use of the deputyship