A Simple Guide:
At Harold G Walker Solicitors, we often speak to families who find themselves in a difficult situation: a loved one has lost the ability to make decisions about their finances or personal welfare, and they haven’t put a Lasting Power of Attorney (LPA) in place. When that happens, a deputyship application may be necessary.
But what does that mean in practical terms? Let’s break it down.
What is a Deputyship?
A deputyship is a legal arrangement where someone (the deputy) is appointed by the Court of Protection to make decisions on behalf of a person who no longer has the mental capacity to do so themselves. This could be due to dementia, a stroke, a brain injury, or a learning disability.
There are two main types of deputyship:
- Property and Financial Affairs – This covers managing money, paying bills, selling property, and dealing with pensions or benefits.
- Health and Welfare – This involves making decisions about medical treatment, care needs, and living arrangements. These are granted more rarely and usually only in complex cases.
When is a Deputyship Needed?
A deputyship is only needed if the person concerned (often called “P”) lacks mental capacity and hasn’t already appointed someone using a Lasting Power of Attorney (LPA). LPAs must be set up while the person still has the capacity to decide for themselves. Once that window has passed, deputyship is the only legal route forward.
Who Can Apply to Be a Deputy?
You can apply to become a deputy if you are over 18 and have a close relationship with the person who needs help, this is usually a spouse, partner, child, or trusted friend. In some cases, a solicitor or local authority may be appointed instead, especially if there’s no one suitable or willing.
What’s Involved in the Application?
Applying to become a deputy means going through the Court of Protection. This involves:
- Filling out detailed forms about the person’s condition and finances.
- Explaining why you’re suitable to act as deputy.
- Obtaining medical evidence of the person’s lack of capacity.
- Notifying close family members or other interested parties.
- Waiting for the court to consider and approve the application.
It can take up to 12 months to complete, especially if any objections are raised.
Once appointed, the deputy is supervised by the Office of the Public Guardian (OPG) and must submit annual reports to show how they’re managing the person’s affairs.
Why Legal Help Matters
Although it’s possible to apply for deputyship yourself, many people find the forms and legal language overwhelming, especially during an already emotional time. At Harold G Walker, we help families navigate the process smoothly, avoid common pitfalls, and ensure that the application stands the best chance of being approved.
Final Thoughts
Deputyship applications can be complex, but they exist to protect vulnerable people when they need it most. If you’re worried about a loved one’s capacity to manage their affairs, it’s important to seek advice early. A caring and professional solicitor can make a world of difference in guiding you through this sensitive process.