Applications for Deputyship are typically made by the person’s spouse, partner, relative, close friend, or solicitor, and the applicant must be at least 18 years old. Once appointed, the Deputy becomes accountable to the Court of Protection and must always act in the best interests of the individual they are supporting.
The scope of the Deputy’s responsibilities depends on the powers granted to them in the Deputyship order. Generally, the Deputy has the following authorities:
- Access to the individual’s bank accounts.
- The ability to open a dedicated ‘Deputy’ bank account for managing the individual’s finances.
- Managing and paying bills on behalf of the person.
- Liaising with the Department for Work and Pensions regarding any benefits or allowances the individual may be entitled to.
- Interacting with financial institutions on the individual’s behalf.
- Handling the sale of the individual’s assets, if necessary.
The Deputy must approach these responsibilities with great care, always acting in the best interests of their friend or relative and in accordance with the guidelines set forth by the Court of Protection.
The process of applying for Deputyship can be time-consuming and costly. As a way to avoid the need for such an application, we highly recommend individuals consider creating Lasting Powers of Attorney (LPAs) in advance. LPAs enable a person to appoint trusted individuals as their attorneys while they still have mental capacity. This ensures that if a time comes when they are unable to make decisions, their chosen attorneys can step in and manage their affairs on their behalf, without the necessity of a Deputyship application.
However, if you have a loved one who lacks mental capacity and does not have an LPA in place, we are here to assist you in making a Deputyship application on their behalf. Our experienced team, led by Katherine Oakes, can guide you through the process and provide the necessary support and expertise.
To take the first step, we offer a free initial meeting to discuss the details of the application, the requirements, time scales and costs involved. This way, you can make informed decisions and ensure the best possible care and protection for your loved one’s financial matters.