Deputyship Application

Deputyship applications to the Court of Protection

When someone does not have mental capacity, and is unable to make decisions about their own financial affairs or their health and welfare they cannot make a power of attorney.  Instead someone has to apply to the Court of Protection for a Deputyship order on their behalf.

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they are unable to make a decision for themselves or manage their own affairs.

People can lose mental capacity for many reasons, such as serious brain injury or illness, dementia or because of severe learning disabilities.

Autumn LeavesA deputy has the legal authority to safeguard the person’s best interests and protect and manage their financial affairs on their behalf.

The deputy can be a close friend, family member or your solicitor or accountant.

The process of applying for deputyship can be complex. An application is made to the Court of Protection, which makes the appointment then oversees the actions taken by the deputy.

We can help you apply to be a deputy and give you advice and support once you are appointed.

If you do not wish to act as a deputy yourself, we may be able to take on this role.


What is the difference between a Power of Attorney and Deputyship?

The person making the Power of Attorney chooses their attorney(s) while they still have mental capacity, in preparation for the future.

The person for whom the deputy is being appointed cannot choose for themselves as they do not have mental capacity. This is why the Court of Protection has a rigorous process for appointing deputies, to ensure the person is not being exploited or abused.

At Purely Probate we provide a compassionate and professional service. We help safeguard the person’s best interests whilst supporting and guiding the person applying to be deputy through what can be a difficult time.

To ensure a high standard of care we consult closely with friends and family members, and consider the mental capability of the person in each decision made for them. We have years of experience of dealing with deputies, and understand that the question of what might be in someone’s ‘best interests’ isn’t always black and white;  once you are appointed as deputy, we can continue to help and advise with any questions you may have.

How we can help:

  • Making applications for the appointment of a deputy
  • Obtaining consent for the sale of a property
  • Advising on and applying for orders to enable you to act in your loved one’s best interests
  • Completing tax returns
  • Making applications for statutory wills and trusts
  • Submitting your annual report to the Court of Protection.

To apply for a deputyship contact us on 01458 850 146 or info@purelyprobate.co.uk

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