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Wills, Trusts & Probate

Deputyship Orders

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.

For more information about Deputyship Orders and the Court of Protection, or if you would like to make an appointment with a solicitor in Woking, please contact Steve Meredith at sxm@wdavies.com.