What is a Deputyship Order?
You can apply to the Court of Protection to become appointed as a ‘Deputy’ for a person if they ‘lack mental capacity’ and do not have a Power of Attorney in place. People may lack mental capacity because, for example:
– they’ve had a serious brain injury or illness
– they have dementia
– they have severe learning disabilities
As a deputy, you’ll be authorised by the Court to make decisions on their behalf.
Types of deputy
A Property and financial affairs deputy would act on a person’s behalf and carry out duties like paying the person’s bills or organising their pension.
A Personal welfare deputy would make decisions about medical treatment and how someone is looked after. The circumstances under which the court will appoint a Deputy for Personal Welfare are more limited and you should take advice in this regard.
When you become a deputy, you must send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.
If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.
Contact us for more details.