When a person loses the mental capacity to manage their financial affairs, the Court of Protection has the authority to appoint a Deputy to make the decisions for them that still need to be made.
Who can be a deputy?
The court will consider anyone over the age of 18 to be a deputy. This could be a relative, friend, neighbour or professional representative, such as a solicitor.
What does a deputy do?
A Deputy is given powers by the court in relation to the protected party they are appointed to represent, known as “P”. Under these powers a deputy will be given authority to do things such as:
Manage bank accounts and day to day finances
Arrange payment of bills including care fees
Ensure all eligible benefits are received
Manage savings and investments
Make decisions about properties, for example buying, selling and adapting to suit P’s needs.
The Office of the Public Guardian is responsible for the supervision of Deputies. The authority of the deputy is defined under the Deputyship Order and a Deputy must always act in P’s best interests.
How to apply for a Deputyship Order
An application must be submitted to the Court of Protection. This involves completing a number of forms and obtaining an assessment of P’s mental capacity. Applications can be submitted online or by post.
Notification process
It is important that people are notified of the application in respect of P in accordance with the legal rules. Usually, at least 3 people must be notified of an application. Those notified usually have a significant interest in P’s welfare. Where an individual has no immediate family or friends, it can be difficult to identify 3 suitable people. Where it is not possible to notify 3 people, further evidence is required to set out reasons to dispense with the notification requirement and what efforts have been made to find suitable persons.
P must also be notified in person. Steps should be taken to consider the needs of P to ensure they are given the opportunity to understand and make their wishes heard.
All parties are given 14 days to respond to the application following notification.
After notification
Once the 14 day notification period has passed, the application can be submitted. The court will then refer the application for consideration and issue an Order as appropriate.
Ongoing reporting
A report must be submitted each year explaining what decisions have been made in relation to P’s finances. A Deputy will have asked to confirm why those decisions were in P’s best interests and who else was consulted in these decisions. If a report is not filed, the OPG may request a replacement Deputy.
If you need assistance with a Deputyship application, contact one of our specialist Court of Protection Solicitors.
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