Deputyships are crucial tools for ensuring the welfare and financial affairs of individuals who may lack the capacity to make decisions for themselves and there is no valid Lasting Power of Attorney/Enduring Power of Attorney in place. The concept of Deputyship is closely linked to the Mental Capacity Act 2005, providing a legal framework for protecting vulnerable individuals.

A Deputy is appointed in circumstances where someone is deemed to be mentally incapable of managing their own affairs, particularly their financial affairs. The individual appointed as the deputy is often a family member or close friend, but in certain cases, a professional may step into this role.

There are two types of Deputyships; Property and Financial Affair Deputy and Personal Welfare Deputy. The former grants authority over financial matters such as paying bills or organising pensions. The latter focuses on healthcare decisions and how their care will be arranged, but this type of Deputyship Order is generally more difficult to obtain.

Applying for a Deputyship is a meticulous process, including organising a medical assessment to prove the individual’s incapacity, and then completing the appropriate Court of Protection forms and following the time limits associated with each one.

Once appointed, Deputies are expected to act in the best interests of the individual, following the principles outlined in the Mental Capacity Act. Furthermore, Deputies are expected to keep detailed records of their decisions which are then overseen by the Court of Protection ensuring transparency and accountability.

Whilst Deputyships are essential for safeguarding those who can’t make decisions for themselves it is crucial to approach this responsibility with care. For further detail and guidance on navigating the application, responsibilities and intricacies of deputyships please contact us and we will be happy to provide the support and advice you require.

The contents of this post do not constitute legal advice and are provided for general information purposes only.

The contents of this post do not constitute legal advice and are provided for general information purposes only