FAQs

1. What is the role of a Deputy?

   The Deputyship Order details what you can and cannot do as a Deputy. When you have the Order, you are able to start acting on the person’s behalf.

   There are a number of important steps which must be taken including:
   • Opening a deputyship account/security bond
   • Registering your Order with financial institutions
   • Set up a record keeping system for decisions made
   • Registering with HM Revenue and Customs
   • Annual accounts of dealings and decisions

   If you are unsure of how to deal with something or matters become complicated, it is best to seek advice and help to ensure the correct steps are taken in the best interest of the person. Our Court of Protection solicitors are able to provide clear and straightforward advice on deputyship applications and the ongoing management of a person’s welfare and assets.

   We can assist you with any future applications which may need to be made such as selling a property or making gifts.

2. Why choose a professional Deputy?

   Professional deputies have the advantage of knowledge and experience of these roles and how best to manage the role.

   A professional deputy is responsible for annual reports to account for all funds and decisions made on behalf of the person who lacks capacity. They can also be subject to spot-check inspections by the Office of the Public Guardian to ensure they are fulfilling the role.

   Having a professional deputy relieves the burden of acting from family members and close friends and avoids the risk of conflicts arising. A professional deputy will offer you the peace of mind and knowledge that someone with the requisite experience is professionally managing the affairs.

3. What is the timescale for a Deputyship Order?

   The process of applying for a Deputyship Order takes around four to six months.

   The application process requires:

   • Completion of the application forms;
   • Organising an assessment of capacity for the individual carried out by a medical practitioner to support your application;
   • Submission of the application to the Court of Protection.

   Delays can occur when arranging the assessment of capacity, or if the Court of Protection is experiencing an increase in applications and their processing time. The Court of Protection may also require further information or documentation before issuing the Deputyship Order.

4. Who can be a Deputy?

   The deputy can be a professional or an individual. In many cases, family members will apply to become a deputy for a loved one who no longer has the capacity. The Court of Protection will consider the suitability of the applicant before making its decision on whether to grant a deputyship order.

   You can apply to be a deputy if you are aged 18 and over.

5. Which Deputyship Order do I need to make?

   There are two types of Deputyship Orders, one for financial affairs and one for health and welfare. You can make an application for both, or just one.

   As a financial Deputy, you have the power to:

   • Manage the individual’s cash assets;
   • Sell the individual’s property; and
   • Manage the individual’s investments.

   As a health and welfare Deputy, you have the power to:

   • Make decisions in relation to the individual’s welfare, including where they live;
   • Make decisions about medical treatment and the care the individual receives.

   The Court of Protection is reluctant to make Deputyship Orders for an individual’s health and welfare, and we advise you to seek legal advice regarding your application.

   It is important to note the Deputyship Order will state what you can and cannot do as a Deputy, and you may not have the ability to do all of the above.