Deputies can make decisions for someone who lacks capacity to make decisions for themselves, where there is no lasting power of attorney already in place. An experienced deputyship lawyer from our private client team can advise you on making an application for a deputyship order.
What is deputyship?
A deputy is a person who has been appointed by the Court of Protection to make decisions on behalf of someone who has lost capacity to make decisions for themselves. A deputyship order will only be granted where there is not a lasting power of attorney in place. We strongly recommend taking legal advice from a specialist deputyship lawyer before applying for deputyship.
Who can be a deputy?
Anyone over the age of 18 can make a deputyship application. A deputy is usually a friend or relative. In some circumstances it may be a professional such as a solicitor or accountant, or a Court appointed deputy.
What is the difference between deputyship and a lasting power of attorney?
A lasting power of attorney (LPA) is a document that an individual prepares whilst they have ‘mental capacity’, in other words – while they are still capable of making decisions for themselves. An LPA allows the individual to appoint others to help them make decisions or to make decisions on their behalf. This may be different to the person the Court would appoint as a deputy if someone loses capacity and does not have an LPA in place.
Before you apply to be a deputy, you will need to make sure that the individual does not already have a lasting power of attorney. Your deputyship lawyer can help you to check this.
How do I make a deputyship application?
To apply to be a deputy you will need to complete an application form and submit supporting information, including an assessment of capacity, which needs to be undertaken by a qualified and registered professional. We would strongly recommend seeking legal advice.
Contact us to speak to a lawyer from our private client team about deputyship.
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