If you need the authority to manage the property and finances or personal welfare of a person who lacks mental capacity to manage their own affairs, you may need to make an application to the Court of Protection to be appointed as their ‘Deputy’.
This may be the case because the individual in question did not put in place Lasting Powers of Attorney or does not have the mental capacity to put them in place now due to suffering from dementia or perhaps, they have lacked mental capacity since birth due to severe learning disabilities or since suffering a serious brain injury or illness.
If you are in a position where you are looking after the affairs of a person who lacks mental capacity to manage their own affairs, then you may need to may an application to the Court of Protection to be their Deputy to manage their affairs long term.
Deputyship applications can be complicated, involving lots of paperwork and bureaucracy but we’ll make it as easy as possible without using jargon.
The application process is lengthy and stringent as the Court must ensure that you, as the applicant are an appropriate person to manage the individual’s affairs. This is especially important given they may not have selected you if they had mental capacity.
If you are appointed as a Deputy by the Court of Protection, this will give you the legal authority to manage the individual’s affairs.
Before you consider making an application to the Court of Protection you should check whether the person in question has a Lasting Power of Attorney
, Enduring Power of Attorney, Living Will
or a Deputy already acting for them. We can assist you with searching the register held by the Office of the Public Guardian (OPG) of registered Enduring and Lasting Powers of Attorney or by contacting the Court of Protection.
It may not be necessary for you to make an application to become a Deputy if you only need to manage the person’s benefits. In these cases, you can apply to become an Appointee. Please ask us for more information if you need help with this.
If there are no documents in place, and you need to manage the person’s affairs, then a Deputyship application may be necessary.
Applying to become a Deputy can be a stressful and lengthy process, especially if you need to act at short notice i.e., to pay for care. In certain circumstances, we can assist with making expedited applications.