If an individual has the mental capacity to make a Lasting Power of Attorney, they can appoint another person to make decisions on their behalf. If, however, an individual no longer has the mental capacity to appoint an Attorney who can make decisions on their behalf, it will be necessary for someone to make a Deputyship Application to the Court of Protection to be appointed as their Deputy.
There are two types of Deputyship Applications / Orders:
- Property and Financial Affairs Deputy
- Health and Welfare Deputy
In most cases, an individual’s partner or other close relative will be a suitable deputy. In the event of a person lacking capacity owning a large or complicated estate, it may be more suitable to appoint a professional Deputy, such as a solicitor.
If the application is successful, the Court of Protection will make a deputyship order that authorises the Deputy to make certain decisions and take actions on behalf of the individual who lacks mental capacity.
A Deputy is accountable to the Court, and every year must provide a report to the Court informing them of any decisions made on behalf of the individual that lack capacity.
Deputyship applications are complicated and can be very time consuming, and for this reason we would always suggest seeking legal assistance. At RKB Law we can prepare Deputyship application for a fixed fee.
For further information about Deputyship applications, or to speak to one of our Mental Capacity and Court of Protection solicitors today, please contact us on 01622 541 054 or fill in our enquiry form.
Alzheimer Society Guidance on applying to become a deputy for someone with dementia.