Deputyships – Court of Protection
Are you worried about the affairs of a relative who has lost capacity?
They may have lost mental capacity due to an accident or illness such as dementia. If they haven’t set up Lasting Power of Attorney you could still help them by applying to the Court of Protection for a Deputyship Order.
Once appointed as Deputy you can handle many of the affairs of the person who has lost capacity. Without a Deputyship order or a Lasting Power of Attorney you will not legally be able to look after their affairs.
Thorne Segar services cover:
- Discussing all the possible options for helping your loved one
- Understanding the Court’s criteria for assessing capacity
- Making the application for Deputyship to the Court of Protection
- Guiding you through the process of acting as Deputy
Thorne Segar’s Iestyn Milton-Jenkins has over 20 year’s experience and is adept in Court of Protection work. His approach is to make a detailed assessment of your situation and explain all options in detail to ensure you fully understand the nature of all the documentation.
Advice and application to the Court typically- £1,050.00+VAT
Court Fees usually £385 (unless the person qualifies for a remission)
Who can apply to be a Deputy?
In theory, as long as they are over 18 and not bankrupt anyone can, but obviously they should be able to show that they have some clear connection with the person who has lost capacity. If there is no-one who is able or willing to apply, it is possible in some circumstances for us to apply. The court will however examine the suitability of the person making the application and can ask them to come before the Court to help them decide.
Do you have to use a Solicitor to make an application to be appointed as a Deputy?
No, but be warned – there are a lot of forms to complete! Even if you decide to make the application yourself, we would strongly recommend that you at least take legal advice to explain what is involved and what will be required of you
What happens after you get a Deputyship Order?
As this is a Court Appointment, the Court will supervise you by requiring you to file regular reports with it explaining what you have done, and why. You will normally be expected to take proper professional advice, for example, from Independent Financial Advisors. If you have a Deputyship Order and are not sure what you now need to do, we are happy to discuss this with you.
The person who has lost capacity has a Power of Attorney – I assume that we do not need to apply for a Deputyship Order?
Probably not, but you need to check that the Power of Attorney is still valid – for example if more than one person was appointed, you would need to check the terms of the Power carefully to see whether the Power remains valid if one of them has died or is no longer willing to act. If you are in doubt, it is best to check whilst the person still has the ability to make decisions for themselves.