What is a Deputyship Order?
When somebody loses the capacity to make their own decisions and doesn’t have a Power of Attorney, the Court of Protection can appoint a Deputy to make these decisions on their behalf. This is done by way of a Deputyship Order. Someone connected to the person who has lost capacity will make an application to become their Deputy. This will then be sent to the Court of Protection and once checked, with all relevant persons notified, a Deputyship Order is issued by the Court.
What should you think about in relation to a Deputyship Order?
The process of applying to be appointed as a Deputy is quite costly and lengthy. Unfortunately, in some circumstances, this is the only option. Should this be the case, when applying, you must bear in mind that the process can take up to six months and would recommend speaking to a solicitor at the earliest opportunity. The cost of the application can be borne from the account of the person who has lost capacity, but the court fee will be payable on application. This can then later be reclaimed once the order has been issued.
A Deputy will also be responsible for issuing reports to the Office of the Public Guardian annually to demonstrate they are acting in the person’s best interest.
To avoid having to go down this route Harold G Walker would encourage you to put a Power of Attorney in place. To set up a Power of Attorney a person must still have capacity, this process is a lot quicker and less expensive. Most importantly it ensures the person whom you want to take care of your affairs is appointed.
For further information on Legal Powers of Attorney and deputyship orders please contact the Wills & Probate team.