Deputyship is a legal role designated by the Court of Protection in the UK to manage the personal welfare or financial affairs of someone who lacks the mental capacity to do so themselves. This situation might arise due to various conditions, including dementia, brain injury, or other similar circumstances where an individual cannot make decisions independently. It becomes necessary when no pre existing arrangements, like Lasting Power of Attorney, have been set up before the person lost their capacity.
How to Appoint a Deputy: The Process
The journey to becoming a deputy starts with a thorough understanding of the needs of the individual who has lost capacity. People must first verify that they are eligible to apply, which generally requires being over 18 and, often, a close friend or family member of the person in need, though professionals such as solicitors or accountants can also apply. The process involves filling out several forms, including an application form, an assessment of capacity, and a deputy’s declaration, which are submitted to the Court of Protection.
A medical practitioner must confirm the individual’s incapacity through a detailed assessment. Once these forms are filled out correctly and gathered, they are submitted to the Court, accompanied by a fee. If the Court decides a hearing is necessary, additional fees may apply. It’s crucial to provide accurate and detailed information to avoid any delays or rejections of the application.
Roles and Responsibilities of a Deputy
Once appointed, a deputy’s responsibilities are vast and must always be carried out with the best interests of the person lacking capacity at heart. The role might include managing the person’s finances, paying bills, investing money, managing property, etc, or making more personal decisions about their daily care and medical treatments. Every decision must be documented and reported annually to the Office of the Public Guardian, which monitors deputies to ensure they are acting appropriately.
Given the complexity and significant responsibilities, many deputies seek professional support to manage their duties properly. This support can come from legal professionals who can offer advice on decision making and ensure that all actions comply with legal requirements.
Why Professional Support is Important
Professional deputies are often experienced solicitors or accountants appointed to handle more complex cases or where no suitable family member is available. These professionals are adept at navigating the legal landscape, managing complicated financial situations, and ensuring that all decisions are made in compliance with the law and with the best interests of the incapacitated individual in mind.
Welcome to Gillhams Solicitors
At Gillhams Solicitors, we understand the sensitivities and complexities involved in deputyship. With extensive experience in Court of Protection matters, we are equipped to assist in both applying for deputyship and managing the ongoing responsibilities it entails.
Whether you are looking to apply for a deputyship for a loved one, or require professional assistance in your role as a deputy, our team of experts can provide the comprehensive support and guidance needed to navigate this challenging legal area. We ensure that the rights and wellbeing of the individual are protected, aiming for a future that remains secure and dignified for those who cannot make decisions for themselves.
If you find yourself in a position where they might need to act as a deputy or are considering professional support, we are here to help with every step. Feel free to reach out for advice tailored to your unique circumstances, ensuring that you fulfil your role effectively and compassionately. Get in touch today on 020 8965 4266 or fill out our enquiry form to receive support from our team today.
