What is a Deputy?
• A Deputy is someone appointed by the Court of Protection to make decisions for and manage the affairs of someone unable to do so for themselves.
• The Deputy will act either until the patient dies or if they regain capacity to make decisions for themselves.
• The Deputy is appointed under the Mental Capacity Act 2005.
When is an application necessary?
• If a person loses capacity to manage their own affairs or to make decisions for themselves and there is no Enduring or Lasting Power of Attorney in place a Deputy can be appointed to manage property and financial affairs and/or health and welfare matters.
• The Court will not appoint a Deputy if the person is able to make their own decisions.
When should the application be made?
An application to the Court may be necessary for:
• Decisions that are particularly difficult where the Court can consider if the proposed action is appropriate, give its view about capacity or assess whether something is in a person’s best interests
• Disagreements that cannot be resolved through any other means, situations where ongoing decisions will need to be made for an individual lacking capacity to make those decisions
• Issues relating to the Deprivation of Liberty Safeguards.
Who can make the application?
• Must be over 18 with mental capacity
• The person applying is usually a close relative or friend of the person who has lost capacity, but could be a professional e.g. solicitor, accountant, local authority.
• More than one person can apply and be appointed.
• Any prospective Deputy must declare any criminal convictions or bankruptcy arrangements to the court when applying to become Deputy and these could lead to the application being refused.
• A Full service to help you through the process, creating all the necessary forms and guiding you along the way.
• A Fixed Price of £750 for each Deputyship. This excludes the charges from the Government Court of Protection.
What are the Extra Government Costs?
• A £400 application fee for each Deputyship.
• £500 if the Court decides a hearing is required.
• Annual supervision fees depending on what level of supervision your deputyship needs. £320 a year is not untypical.
• A £100 assessment fee if you’re a new deputy.
• Have to pay a security bond as a type of insurance, based on the value of the estate of the person.