Steps for Deputyship Application

When a person is unable to make decisions for themselves regarding their health and care, they often assume that their spouse or children will automatically have the power to access their bank accounts, pay their bills, sell the house to pay for care, and make important decisions about those matters. Nevertheless, it continues to be notably imprecise.

Consulting a legal professional is typically essential for the successful completion of the deputyship process. The regulations delineating who is authorized to make decisions on your behalf are explicitly outlined: solely the individuals you have designated and listed in the documents establishing a durable power of attorney are permitted to assist you in decision-making or to make decisions on your behalf.

If you have not yet appointed an attorney, your spouse or another relative is obligated to submit a deputyship application on your behalf if you lack the mental capacity to make decisions independently. The following are some of the most significant details about deputyship and how it differs from a power of attorney that is valid for a long time.

One crucial point to consider is that the Court of Protection is the exclusive authority empowered to appoint a deputy. To qualify as a deputy, a spouse or relative of the individual must submit an application to the Court of Protection if the individual is unable to make decisions independently at the relevant time and has not previously appointed an attorney.

Following the Court of Protection’s examination of the matter, the deputy is granted a court order specifying their rights and limitations. The deputy, for example, must consider the person’s mental capacity each time they make a decision on their behalf.

If you assume that you can complete the deputyship application in a single night, you are likely to be inaccurate. Forming a limited liability partnership (LLP), however, typically takes eight to ten weeks, assuming the application is error-free. However, it typically takes more than three months to conclude the deputy application process.

It is crucial to acknowledge that other forms are also required, including the main application form, the capacity assessment, supporting documentation concerning property and affairs, any pertinent personal welfare documentation, and the deputy’s declaration. The declaration, which also offers a summary of your circumstances, outlines the various responsibilities and duties you are obligated to perform as a deputy.