Deputyship Orders & the Court of Protection

If someone close to you loses mental capacity and doesn’t have a Lasting Power of Attorney you may have to apply to the Court of Protection for a deputyship order. A person may not have capacity for a variety of reasons such as dementia, a stroke or another impairment that affects the mind or brain. Anyone can be a deputy but it is usually a family member, friend or professional, provided they are over the age of 18 years.

There are two types of deputyship orders: a property and affairs deputyship and a personal welfare deputyship. Personal welfare deputyships are rare however, and are only appointed in extreme cases. Property and affairs deputyships are more common and allow a deputy to manage a person’s financial affairs, providing they are acting in that person’s best interests.

An order must be obtained from the Court of Protection appointing you as deputy for the person in question. You will then be able to take over the management of that person’s financial affairs, including paying their bills and care fees, signing cheques, withdrawing money from their account, selling their home and organising their investments.

Once you have obtained a deputyship order, you will be obliged to complete and file an annual report. This sets out the decisions you have made and the manner in which you have handled the money and property of the person in question.

We can advise and help you to become a deputy if that is appropriate, depending on the circumstances of the matter and the nature and type of authority needed. It may be more appropriate to prepare an application for a “one-off” order for a single important decision where an application for a full deputyship order would be disproportionate.

At Mills Chody LLP our private client solicitors provide clear and straightforward advice on deputyship applications, disputes and the ongoing management of a person’s assets and estate. We treat every matter with sensitivity, empathy and care, and pride ourselves on taking a personal approach to client service at every turn.