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What is a Deputyship?

Lisa Fay

A Deputyship Order is an Order of the Court of Protection. It appoints a person or persons to deal with the affairs of a “Patient” who has lost mental capacity to deal with their own affairs. A Deputyship Order can be made in respect of property & financial affairs and/or health & welfare, though the latter is less common.

What can a Deputy do?

A person who is appointed as a Deputy can then manage the majority of decisions on behalf of the Patient. A specific Order of the Court of Protection is required for matters such as selling a property or raising a mortgage, but this can be applied for at the same time as the Deputyship Order.

When would I need a Deputyship Order?

Deputyship Orders are required when a person has never had mental capacity, and funds must be managed on their behalf, or if they have lost capacity and failed to prepare an Enduring or Lasting Power of Attorney.

Such Orders are common amongst the elderly who are sadly suffering from the likes of Dementia and Alzheimer’s. If they move into a residential home, family members/friends/social workers will need to apply for a Deputyship Order to access their money to fund their care.

How do I apply for a Deputyship?

In order to make an application, first a Doctor must complete the appropriate capacity assessment, to confirm the Patient lacks mental capacity. The proposed Deputy must then complete various application forms and financial statements, along with a declaration as to why they feel able to act and why it is in the Patient’s best interests for them to be appointed. The directors of W Davies can act as a Deputies where there are no family members or friends who are able/willing to act. Notice must also be served upon the Patient’s next of kin.

What’s Involved?

Before the Order is issued, the Deputy must organise a “Security Bond”. This effectively insures the Patient’s assets against fraud/negligence.

Once the Order is issued, the Deputy will be required to compile and file annual returns to demonstrate what actions they are taking with the Patient’s funds.

How can W Davies Help?

W Davies are able to act as Deputies and assist clients with the application process, guiding you through the numerous forms. If you are considering your own affairs, or those of someone who retains capacity, we strongly recommend you consider preparing Lasting Powers of Attorney. This is a cheaper, simpler process and allows you to nominate trusted individuals, rather than hoping someone close to you will make the application for a Deputyship Order.

Application Fees

The current application fee for Deputyship Orders is £400 per application (i.e. £400 for financial and £400 for welfare), compared to the registration fee for Lasting Powers of Attorney which is £110.

Want to know more?

For more information, please contact Lisa Fay on 01483 744900 or via email at lf@wdavies.com.

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