Advice

Court of Protection

If you need to make decisions for someone who does not have mental capacity to make decisions and they do not have a lasting power of attorney or enduring power of attorney in place, you may need to make an application to the Court of Protection to become their deputy.

There are two types of court appointed deputy:

• property and financial affairs – If the person who lacks capacity has no savings and the only income is social security benefits, it will not usually be necessary to appoint a deputy as a DWP appointee can receive and spend benefits on their behalf.
• personal welfare – Personal welfare deputies are uncommon as it is usually expected that family and medical professionals should be able to agree about care and medical treatment and make decisions in the persons best interest. If there is serious conflict, the Court of Protection will decide.

Deputies need to be aged 18 or over and are usually close relatives or friends of the person who needs help making decisions. Paid professional deputies can also be appointed, for example accountants, solicitors or representatives of the local authority. The court can appoint two or more deputies for the same person.

A Deputy’s responsibilities include:

• Acting in the best interests of the person they are appointed as Deputy to
• Acting with honesty
• Keeping accounts of the dealings and transactions they have undertaken
• Filing an annual report to the Office of the Public Guardian

Applying to be a Deputy

To apply to become a deputy, you will need to submit an application to the Court of Protection. If you are applying for both types of Deputyship then two separate applications need to be submitted. There are several forms to be completed and you must submit these along with a professional assessment of mental capacity.

You can access all these forms and find further guidance on the GOV.UK

Fees

You must pay a fee to apply to become a deputy. However, if the application is in relation to a person’s property and financial affairs, you can reclaim the fee from the person the application is about, once you have been appointed. In the case of a personal welfare deputy, the fee cannot be reclaimed.

There may also be court costs if the court decides your case needs a hearing.

You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you are deputy for.

Deputies also have to pay a one off assessment fee and annual supervision fees.

Some people can get exemptions or reductions on their application fee depending on the financial situation of the person they are applying to be deputy for. In the case of a personal welfare deputyship, it is your own financial situation that counts.

You can find out more about fees on GOV.UK

You may want to consider using a solicitor to help. If so, use the Law Society’s Find a Solicitor tool. If appropriate, there is also The Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly).