Deputyships

Your Guide to Deputyship

A Deputy is a person appointed by the Court of Protection to manage the property and financial affairs or personal welfare of someone who lacks the mental capacity to manage them themselves.

Who can apply to act as a Deputy?

A Deputy is usually a family member, a close friend or a professional. The Court of Protection will decide who to appoint as a Deputy.

The Process

An application must be made to the Court of Protection and an Order granted before someone can deal with the affairs of someone who does not have mental capacity.

A doctor must complete an assessment of capacity for the person who is thought not to have mental capacity.

Details of the proposed Deputy and the person who does not have mental capacity must be submitted to the Court of Protection, this includes details of their assets, their family members and the people who visit them.

Family members of the person who lacks mental capacity must be given notice of the application to the Court of Protection.

If the Court of Protection grants an Order appointing a Deputy the Order will set out the powers of the Deputy and the Deputy must not exceed those powers.

In some cases further permission may need to be sought from the court, for example before a large asset – such as a house – is sold.

Supervision and Termination of Deputyships

When a Deputyship Order is made the Office of the Public Guardian will allocate the Deputyship to a category of supervision. The Deputy’s reporting obligations will depend on the level of supervision allocated.

A Deputyship Order is terminated if the person lacking capacity died, regains capacity or if the Order is limited in time and expires.

A Deputy may retire from their position.

For more information please contact Bryony Wilmshurst, Solicitor in charge of Wills and Probate on 01376 326868 or bryony.wilmshurst@cunningtons.co.uk

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FURTHER INFORMATION

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