It is a sad fact of life that some of us will, through ill-health (such as dementia) or even a tragic accident leading to a brain injury, lose our ability to make decisions for ourselves. This can leave loved ones in a very difficult situation as they may be unable to deal with our finances, our bills, our property and even our personal welfare in the way in which we would have liked.
Whilst some of us may have taken the important precautionary step of arranging a Lasting Power of Attorney appointing a trusted family member or friend to look after our affairs in the event of this tragic turn of events, many of us will not have done so.
If you have a loved one who is unable to make decisions due to mental incapacity and, who has not previously made a Lasting Power of Attorney, we, at hpjv solicitors, can help you through the process of applying to the Court of Protection to appoint a “Deputy” to enable you, or another, to deal with your loved one’s affairs on their behalf.
By helping you to secure the appointment of a Court of Protection Deputy, we can ensure all of your loved one’s financial affairs can be effectively managed and their health and welfare needs met.
We know how confusing and distressing dealing with the loss of mental capacity of a loved one can be, so our experienced Court of Protection solicitors can offer the clear, compassionate guidance you need for every step of the process to appoint a Deputy and to help that Deputy properly carry out their duties.
Speak to one of our expert Court of Protection solicitors in Newport today by calling 01633 242 526 or use the contact form on the right to ask a question.
How we can help you with Court of Protection Deputyship
Applying to become a Court of Protection Deputy
The process of applying to the Court of Protection for a Deputyship Order can be stressful, time-consuming and complicated. We can guide you through the application process if you wish to deal with this yourself or we can take the stress out the situation by making the application for you.
There are two types of Court of Protection Deputyship you can apply for:
Property & financial affairs deputy – For decisions such as dealing with a person’s pension, benefits or other income, paying their bills etc.
Personal welfare deputy – For decisions about medical treatment and day-to-day care.
Advice for Court of Protection Deputies
Even after a Deputyship order has been made, we can continue to support you whenever you need us, for example, if you need advice and assistance to help you carry out your duties as a Deputy or in the unfortunate event that there is a dispute between the Deputy and other family members about decisions to be made.
In particular, we can advise Deputies on the requirement to keep proper accounts and submit an annual report to the Court of Protection.
Additional Court of Protection applications
Being appointed as a Court of Protection Deputy gives you the authority to make decisions about specific matters for the subject of the Deputyship, such as over how their pension is managed. However, you may sometimes need to make further applications to the Court of Protection to resolve one-off issues, such as the sale of a property of making a Statutory Will.
Our experienced lawyers can assist you with all types of Court of Protection applications, helping you to ensure the right decisions can be taken and issues resolved promptly and effectively.
Your questions about Court of Protection Deputyship answered
What is the role of a Court of Protection Deputy?
The exact decisions a Deputy can make depends upon the type of Deputyship Order made by the Court, however, the general principle is that they will make decisions that the subject of the Deputyship Order is unable to make for themselves.
The Deputy should always make those decisions in the best interests of the vulnerable person they are supporting and, as far as possible, try to make the decision they believe the subject of the Order would have made themselves under the circumstances.
Who can act as a Deputy?
Anyone over the age of 18 can apply to the Court of Protection to become a Deputy for a friend or relative and the Court will then decide whether that person should be appointed.
It is important that the person proposing to become a Deputy has both the time and the ability to act in that role as it does carry a lot of responsibility, which includes providing a report each year to the Office of the Public Guardian.
How long does it take for the Court of Protection to appoint a deputy?
Once you submit your application, the Court should respond within a week of receiving it with a stamped copy of your application. This acts as confirmation that your application is being considered.
Within 14 days of your application being issued, you must inform the person for whom you are applying to be a deputy and anyone named in the application as an interested party (e.g. relatives of the subject of the Deputyship Order).
Within 7 days of informing the subject of the Order and the interested parties, you will need to notify the Court of Protection that you have done so by filling out and submitting the relevant forms.
The Court will give those you have notified 14 days to respond with any objections. The Court will then either approve your application, reject your application, ask you to submit more information or set a date for a hearing to review your application and any objections.
Exactly how long it will take to secure a Deputyship will therefore depend on how the application process proceeds. If there are no objections and the Court feels your original application is sufficient, your appointment could be secured in as little as a couple of months.
However, if more information is required, if there are objections, and particularly if a hearing is required, the process can take much longer.
Our Court of Protection expertise
Our Wills and Probate team in Newport are highly experienced in Court of Protection applications and advising Court of Protection Deputies on carrying out their duties.
We have extensive knowledge of various matters related to Court of Protection Deputyship, including applications for buying and selling property and applications to make a Statutory Will. As such, we can effectively guide you through every aspect of making sure your loved one’s need are met, now and for the future.
hpjv solicitors is Lexcel accredited by the Law Society for the strength of our practice management and client care. We are independently regulated by the Solicitors Regulation Authority (SRA).
Speak to our Court of Protection solicitors today
If you need advice on making an application to the Court of Protection but you aren’t sure what to do, let us give you the answers. Contact us today for an informal, no-obligation, chat or to arrange a Free First Consultation.