What is a deputyship order?
A Deputyship Order is a legal document which is made to the Court of Protection. It provides elected representatives (deputies) with authority to make important decisions on behalf of someone who no longer has the mental capacity to do so themselves.
A Deputyship Order is needed if the person does not already have a Lasting Power of Attorney in place.
You can apply for a Deputyship Order to act as a Property and Financial Affairs Deputy, a Personal Welfare Deputy, or both.
A Property and Financial Affairs Deputy will look after a person’s financial affairs and physical assets. This could include taking control of their mortgage or rent payments and pensions. A Personal Welfare Deputy looks after the management of important care or medical decisions.
What is the Court of Protection?
The Court of Protection is a court in England and Wales that is present to make financial and/or welfare decisions for mentally incapacitated persons.
To find out more about our wider Court of Protection services, click here.
How long does it take to get a Deputyship Order?
The process of applying for a Deputyship Order to the Court of Protection will typically take four to six months. This is because there are various documents which need to be filled out, submitted, and assessed by the court. However, this is an average timescale – the process may be faster or slower depending on the circumstances.
How long does a Deputyship Order last?
A Deputyship Order will last for as long as the individual lacks the capacity to make decisions for themselves. This means that the person’s specific capacity should be regularly reviewed, with the Deputy appointment being terminated if they regain the ability to make their own decisions.
How do I apply for a Deputyship Order?
A Deputyship Order needs to be submitted to the Court of Protection. The application process will typically involve providing detailed information about the person lacking capacity, as well as details about your own situation that demonstrate you are able to act as a deputy.
What is the difference between deputyship and power of attorney?
Like Deputyship Orders, Powers of Attorney are formal legal documents which allow for an individual to make decisions on behalf of someone who has lost the capacity to do so themselves. The major difference between the two is that Powers of Attorney are made by the person themselves, rather than the Court of Protection.
Powers of Attorney are usually made as a precaution for the future or if someone believes that they will simply need extra support further down the line.
What can a deputy do?
Generally speaking, deputies have various responsibilities, regardless of the details of the Deputyship Order they have been granted. These are:
- Take actions that are in a person’s best interests
- Consider what actions have previously been taken
- Applying a high standard of care
- Take every step to help the other person understand a decision
- Add decisions to an annual report
More specifically, Property and Financial Affairs Deputies are required to:
- Decide on practical daily tasks, such as paying bills
- Take complex financial decisions, such as choosing where to invest savings or how much to spend on care
A Personal Welfare deputy is required to make decisions about a person’s care and medical treatment.
Who can be appointed as a deputy?
You can apply for a Deputyship Order is you’re 18 years old or over. Usually, deputies will be close relatives or friends of the person who needs help making decisions.
Property and Financial Affairs Deputies will have to demonstrate they have the skills to make financial decisions for someone else.
Why do I need deputyship?
If there is no Power of Attorney or Deputyship Order in place, you will not have any authority to make decisions on behalf of someone who is incapacitated. These decisions will instead be made by care professionals, doctors or social workers, who may not make the same decisions that you believe would be in the person’s best interests.
