Deputyship Orders & Court of Protection
Our lawyers are here to provide specialist advice in creating and administrating a deputyship
What you need to know about Deputyships
If a person lacks the mental capacity to understand and execute a Lasting Power of Attorney and has not signed any previous Power of Attorney, or if an existing Power of Attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.
Why do I need a solicitor to appoint a Deputy?
Applying to become a Deputy can be a lengthy and costly process as well as time-consuming so you may prefer to have legal advice and guidance.
At Goughs, we have specialist expertise in dealing with Deputyship applications and are able to advise and assist as much as possible if you require guidance on how to make an application.
We can also advise Deputies in making sure they fulfil their duties associated with their role and assist Deputies in completing their annual accounts.
Popular questions about Deputyships
A Deputy is appointed by the Court of Protection to make decisions on behalf of someone who has lost or lacks capacity to make decisions for themselves.
A Deputy is needed when the person lacking capacity did not or cannot make Lasting Powers of Attorney appointing someone of their choice to make decisions for them.
Becoming a Deputy is a big responsibility. For more information, please click here.
The Order appointing you will set out your authority and your decisions need to fall within that. A Deputy has to follow the rules set out by the Mental Capacity Act 2005. The main focus is that you need to make decisions based on what you believe the individual would want, not necessarily what you would do yourself.
As a Deputy, you are representing an individual, therefore every role as a deputy is different. Some lead straightforward lives, others more complicated. Every Deputyship role has to be tailored to the person you are representing.
For more information about acting as a Deputy, please click here.
An attorney is appointed by the individual whilst they have capacity in preparation for when they lose capacity. A deputy is appointed by the Court of Protection once an individual lacks capacity.
A Lasting Power of Attorney provides you with complete control over who is appointed to make decisions on your behalf and look after your affairs as well as determining the extent of their authority.
For more information on the differences between them, please click here.
A Power of Attorney whether an Enduring Power of Attorney or a Lasting Power of Attorney will have been prepared in advance of the person losing mental capacity. Therefore, they will have had the opportunity to appoint a person of their choice to act if the need arises. A Deputyship Order will only be made if there is no valid Power of Attorney already in place. The Court will decide whether the applicant is the right person to be appointed as Deputy.
The Court of Protection is a legal court based in London that deals with issues regarding to people who can’t make decisions independently. The Court of Protection has the power to make decisions relating to finance, property, health or welfare. It was established as part of the Mental Capacity Act of 2005.
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