A Deputy is a person appointed by the Court of Protection to manage the property and affairs and, less frequently, the personal welfare of another person, who lacks the mental capacity to manage their affairs themselves. A Deputy can only act under a court order from the Court of Protection. This order sets out the Deputy’s powers and entitles the Deputy to act on behalf of the person lacking capacity.
Once granted by the Court of Protection, this order will enable their affairs to be managed, for example money to be used to pay care fees.
We have set out brief details of how to apply to the Court of Protection for the Deputyship order. This can be done by a family member, trusted friend or solicitor.
If the person is no longer capable of managing their affairs, someone of appropriate standing will need to make an application to the Court of Protection.
The Court of Protection website contains the necessary forms and guidance on their submission. It also sets out the fees which you need to pay and the options for reclaiming those fees from the person you are acting as deputy for.
However it can be a complicated process; detailed forms need to be submitted and the appointment of the deputy approved. We can assist you through it all or just part of the process.