Wills and Probate

What is a Court of Protection deputyship order?

What is a Court of Protection deputyship order by Anne Kerr - banner

Planning for the future is always wise

Setting up a Lasting Power of Attorney (LPA) can grant peace of mind, allowing a trusted representative to handle your affairs should you become incapacitated.

However, if such a measure hasn’t been put in place, the only option is to seek a deputyship order through the Court of Protection.

Understanding the types of deputies

The Court of Protection recognises two types of deputies:

* property and financial affairs deputy

*personal welfare deputy

The former handles financial matters such as bill payments, property maintenance, and potential property sales, while the latter is responsible for making decisions about living arrangements, daily routines, and medical treatments.

Application process demystified

To initiate the process, one must complete an application form and provide an assessment of the individual’s capacity, conducted by a certified practitioner. 

This can be the person’s GP, psychiatrist, social worker, psychologist, nurse, or occupational therapist.

Additionally, three people who are familiar with the individual, such as relatives, a social worker, or a doctor, need to be named in the application.

After the court reviews the application, it might call for further information or a hearing, potentially involving a report from a social worker.

There is an application fee and, if necessary, a hearing fee.

For property and financial affairs, a security bond for insurance cover might be required.

Duties and obligations of a deputy

Once the court approves the deputyship order, the appointed deputy gains the authority to manage the person’s affairs.

It’s crucial to maintain precise records of all decisions and financial transactions.

An annual report must be submitted to the Court of Protection, detailing the reasons behind decisions, why they were deemed in the person’s best interests, and financial particulars.

The journey ahead

Understanding the complex terrain of managing someone else’s affairs through a deputyship is essential.

While the process might seem daunting, ensuring the well-being of your loved one is paramount.

Call us

For expert guidance and support on navigating the intricacies of Court of Protection deputyship, our Wills, Trusts and Probate Team can help.

Call our experts on 01772 799 600.

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