COURT OF PROTECTION/DEPUTYSHIP
Q. What is a Deputy?
A. A Deputy is a person appointed by the Court of Protection to manage the affairs of another person, who lacks the mental capacity to manage their affairs themselves.
If a person becomes mentally incapable of making decisions for themselves and they have not granted an Enduring Power of Attorney or Lasting Power of Attorney, the Court of Protection may appoint a Deputy to manage their affairs.
A Deputy can only act under a Court Order made by the Court of Protection. The Court Order sets out the specific powers of the Deputy in relation to the person who lacks capacity.
Q. Why set up a Deputyship?
A. No one has any legal authority to deal with another’s affairs in the event of that person losing capacity unless they are an Attorney under an Enduring or Lasting Power of Attorney or a Court appointed Deputy.
If a person has assets that need to be administered or decisions are required to be taken about their personal welfare and they lack mental capacity, then a Deputyship may be required.
Q. Who can be a Deputy?
A. In most cases, a spouse, partner or close family member would apply to become Deputy. In many cases a professional Deputy can be appointed and Slater Heelis offer such a service to clients if required.
A Deputy must be over the age of 18. When making the application to be appointed Deputy, any criminal convictions or bankruptcy arrangements must be declared to the Court and this may lead to the Court refusing the application.
Q. What are the Duties of a Deputy?
A. The Mental Capacity Act 2005 sets out Deputy’s duties.
The Deputy must ensure that they act in the best interests of the person who lacks capacity.
The Deputy can only make decisions authorised by the Deputyship Order and must have regard to all relevant guidance in the Code of Practice. The Code of Practice provides guidance and information on the Mental Capacity Act and how it works in practice.
Q. Are Deputies supervised?
A. The Office of the Public Guardian assesses each Deputy and applies to each Deputy a level of supervision. There are four levels of supervision, ranging from close supervision to a light touch supervision.
Q. How Do I apply?
A. To apply to become a Deputy, an application must be submitted to the Court of Protection. The Court of Protection then assesses the suitability of each Deputy from the information provided on the application forms. At Slater Heelis we have a dedicated team who can assist in the preparation of all forms and guide you through every step of the process.
The person who lacks capacity must be assessed by their GP (or other medical practitioner) in order to assess whether they lack capacity and a form completed and submitted alongside the application to the Court of Protection.
An application fee of £400 is payable to the Court of Protection at the time the application is submitted. Upon the Deputy’s appointment, a Deputy set-up fee is payable. Other fees include a supervision fee which is payable per annum.
Q. What are a Deputy's responsibilities?
A. Typically they include: budgeting to ensure there's enough money for the client's future, preserving access to any state benefits, investing compensation money, keeping accounts and dealing with tax, paying bills, finding/converting suitable accommodation, liaising with support workers/case managers, support and advice to the client and the family, reporting to the Office of the Public Guardian.
Q. Why might we want a professional Deputy?
A. Acting as a Deputy takes a lot of time and effort. Appointing a professional Deputy removes the administrative burdens from you and lets you concentrate on looking after your loved one in other ways.