What is Deputyship?
Some people will already have plans in place for a time in the future when they cannot make their own decisions. They may have set up an LPA, however, if they haven’t and you need to make decisions on their behalf, you will need to apply to the Court of Protection to become Deputy. The application is only the beginning of a longer process.
What is a Deputy?
A Deputy is a person appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to make their own decisions.
What types of Deputyship are available?
Property and Financial Deputyship – used to manage a person’s financial affairs. If a person has no property or savings and their only income is from benefits, there will usually be no need for a Deputy to be appointed.
Personal Welfare Deputyship – the Court of Protection does not usually appoint Deputies to make decisions about someone’s health and welfare unless they need regular treatment or supervision.
Limits to a Deputy’s appointment
A Deputy’s powers should be as limited as reasonably possible, both in terms of what they can do and how long they last. This means that the Deputy should only have the powers that they really need to have and no more.
We will submit an application to the Court of Protection on behalf of those wishing to be made Deputy. The application process involves providing the Court with information about the person’s circumstances and finances. The application process can be quite long, with outcomes sometimes taking several months.
Considerations for Deputies:
Alexander Legal Services charges a fixed fee of £900 for Deputyship applications.
In addition to our fee, application fees totaling approximately £400 are also payable to the Court and supervision fees are payable to the OPG each year. Any fees the Deputy pays in relation to the application can be claimed back from the funds once the Order has been issued.