When is a Deputyship needed and why?

If a family member or loved one has sadly lost capacity and is no longer able to make decisions and  manage their own finances, it can be a very challenging situation which is made even more difficult when there are bills to pay, financial decisions to be made and maybe even a property which needs to be sold.

If a Lasting Power of Attorney has not been made when the person had the required capacity to do so, you may find yourself in a position where an application to the Court of Protection to be appointed as Deputy for your loved one is your only option to enable you to make decisions and manage finances on their behalf and in their best interests.

What is a Deputy?

A Deputy is a person appointed by the Court of Protection to make decisions on behalf of another person who has lost the capacity to make decisions for themselves.

Who can be appointed as a Deputy?

You must be 18 years old or over to apply to be a Deputy and they are usually relatives or close friends of the person lacking capacity.

If you are looking to become a property and affairs deputy, then you need to have the skills to make financial decisions on behalf of someone else.

Applying to the Court of Protection to be a Deputy

The process of applying to be appointed as a Deputy for finances and affairs is something we at Browell Smith & Co can assist with.

The application is made to the Court of Protection and they consider whether the applicant is an appropriate person to be appointed as Deputy. There are certain people entitled to notice of the application and these people have the opportunity to object. More than one person can apply and it is also possible for a professional to be appointed as Deputy. Interim Orders can be requested within the application which may, for example, allow for care fee invoices to be paid from the bank account of the patient while the application is ongoing.

Though some people find it frustrating to have to go through the Court of Protection application process and feel that they should be able to act for their loved ones automatically, it is important to keep in mind that the Court of Protection considers the best interests of the patient and the whole process is designed to protect the potentially vulnerable person. It is important that a suitable and trustworthy person is appointed to make financial decisions for someone who can no longer make those decisions for themselves.

Our team can assist with the Court of Protection process

If you find yourself in a situation where a loved one has lost capacity and financial decisions need to be made on their behalf, please contact our specialist team to arrange a consultation to discuss the Court of Protection process and how we can assist.