Deputyship

A Deputyship is an Order by Court that gives the appointed deputy the power to make decisions on behalf of someone who has lost the care and make decisions for themselves. This application is only necessary if there was no Lasting Power of Attorney (LPA) in place prior to the person (also known as ‘P’) losing capacity.

What is a Deputy?

A deputy is a Court-Appointed person which the Court confers powers to, to allow the deputy to make decisions for the benefit of the person who is lacking in capacity (‘P’), as if ‘P’ would do for him/herself.

When should you apply for Deputyship?

First, if there was no Lasting Power of Attorney (LPA) prepared by ‘P’, there might be a need to prepare a deputy.

Family members should first discuss whether such an application is truly necessary.

Next, should there be a necessity, who should be appointed as deputy and how many deputies are required.

What are some considerations to take before applying for a Deputyship?

The main agenda for applying a Deputyship is the care and financial plan for ‘P’.

The Court has given a simple guideline on the main items to consider:

  • Where is P going to stay?
  • Who will be taking care of P?
  • What are the arrangements for paying for the expenses incurred for P?
  • How long can P’s funds last?
  • Is there a need to apply for other relevant powers for P based on P’s current circumstances? (for example, powers relating to transferring of funds from P’s bank account, making insurance claims for P, managing matters related to P’s house or flat, giving consent to medical treatment for P etc.).

Can you apply for a Deputyship without a lawyer?

The amount of documentation required for a Deputyship application is quite daunting. To make the process smoother, it is recommended to seek legal representation to minimize the stress.