If a person loses mental capacity, therefore being unable to deal with their own property and affairs, a Deputy can be appointed by the Court of Protection to make such decisions on their behalf.
A Deputyship Order may be needed if the person did not make an Enduring Power of Attorney or Lasting Powers of Attorney and there are assets that need to be administered or decisions need to be made about the person’s welfare.
The Deputy being appointed will usually be a relative but can also be a friend, solicitor, social services or a professional body.
If a Deputyship application is required the person applying to the Court must have all of the information about the person on whose behalf they are applying to act, such as details of property, pension, savings, income from benefits, nearest relatives, accommodation and GP details.
APPLICATION TO THE COURT FOR A DEPUTYSHIP ORDER
The Deputy will submit an application form along with a medical report and the Court fee asking the Court for authority to be appointed.
The Court will then assess the applicant’s suitability to act as Deputy and if the application is successful, they will issue a Deputyship Order setting out the extent of the Deputy’s powers.
The application by the Deputy may relate to financial matters, personal welfare issues, consent to medical treatment and social care interventions.
DUTIES OF THE DEPUTY
The Mental Capacity Act 2005 sets out the duties of the Deputy. Deputies have a responsibility and a duty of care to act in the best interests of the person for whom they are making decisions at all times.
The Deputy has a duty to account to the Court of Protection at all times and will require the Court’s permission before making major decisions on behalf of the person. A yearly report needs to be submitted to the Court by the Deputy providing a full account of the Deputy’s conduct on behalf of the person.
IF I CANNOT COPE WITH BEING A DEPUTY OR THERE IS FAMILY CONFLICT WHAT CAN I DO!
Often families can enter into difficulties trying to appoint the right person to look after a vulnerable relation due to the accounting to the court and other legal requirements. It can be too much strain for family members. If you find this to be the case, professional Deputies such as Solicitors can be appointed.
This would give you the assurance that everything was being handled correctly and properly with the benefit of Professional Indemnity Insurance cover and the Professional Ethics requirements of the Law Society.
Making an application for a Deputyship Order can be time consuming, stressful and can involve a lot of paperwork! Here at Baches we can help ease the stress and complications that can arise when faced with this situation.
If you would like help in making an application to the Court of Protection, please contact our Private Client Team.
A court appointed appointee will take over your loved ones affairs.