Wills, Trusts & Probate
In the event that someone loses mental capacity and does not have either a Lasting Power of Attorney or Enduring Power of Attorney in place, a Deputyship Order will need to be obtained from the Court of Protection.
A Deputyship Order appoints a person (or persons) to be a Deputy for someone whom they are concerned is no longer able to deal with their property and financial affairs or health and welfare. This person is known as a Patient.
The Basics – What is the process?
Applying for and obtaining a Deputyship Order is a complicated process which can take several months, involving:
- Completing several statutory forms required by the Court of Protection
- Corresponding with several parties in relation to the application as prescribed by the Court of Protection
- Complying with regulations issued by the Court of Protection in serving notice on the Patient and other relatives/interested parties
- Obtaining necessary insurance cover for the Deputy as stipulated by the Court of Protection.
In addition to these requirements, once the Order is obtained the Court of Protection requires a Deputy to complete accounts each year in respect of their dealings with the Patient’s finances.
At W Davies Solicitors, we can assist in applying for and obtaining a Deputyship Order, as well as assisting Deputies in dealing with Patients’ affairs, including the preparation and completion of annual accounts.