The specific decisions a deputy can make will be decided on by the Court of Protection. Deputies are often in charge of financial matters and/or personal welfare.
People who are deputies may need to make decision over issues such as:
- Buying or selling property
- Medical treatment
- Care needs
- Living arrangements
- Bank accounts
- Statutory wills or gifts.
It’s likely to take between four and six months to become a deputy. Courts can experience delays, which means the process may take longer. Court deadlines are quite short, but you’ll still need to have a capacity assessment and answer any questions the Court raises.
If you speak to us, we’ll be able to advise you on how long it’s likely to take to apply to be a deputy. If there are any objections to your application, or if there needs to be a hearing, it may take between nine and 12 months.
We can help you apply to become a deputy.. There are two types of Court of Protection deputy:
- Property and financial affairs
- Health and welfare.
The type of deputyship you’ll apply for on behalf of a loved one will depend on their individual circumstances. If you’ve been or need to be appointed in either of these roles, we can help you.
If you’re already a deputy, we can help you with your duties. We can also act as a professional deputy in relation to property and financial affairs in complex and high value cases, cases where there’s no other suitable deputy, or where a deputy needs replacing.
Managing the finances and welfare of a loved one can be difficult and stressful. Our experienced solicitors can use their expertise to give you help and advice and make being a deputy as easy as possible. We can help you with many of your duties, including:
- Completing tax returns
- Putting care in place and access funding
- Accessing state benefits
- Applying for a Statutory Will
- Making decisions on healthcare
- Making decisions on accommodation
- Submitting your annual report to the Office of the Public Guardian.
Whatever needs and responsibilities you have as a deputy, we’ll give compassionate guidance and expert legal services throughout. We can provide you with one-off advice in terms of next steps or support with an application.
We can also offer a deputyship support package to help you as deputy manage your responsibilities. For a fixed fee, you get a step-by-step guide to your role as well as legal and practical advice from our experts. Find out more about our deputyship package.
Being a deputy can be difficult and may need to be re-evaluated regularly. In some cases, you may need to apply to the Court of Protection occasionally to obtain further authority to allow you to make an important decision. There may also be circumstances where you feel that you can no longer act as a deputy. From paying supervision fees, to keeping clear records of your actions and decisions, our experienced team can help and support you in your role.
Being a deputy does come with fees.
If you wish to become a deputy in the Court of Protection, you’ll need to pay:
- An application fee
- A fee if the Court decides your case needs a hearing.
If you wish to be appointed as a property and affairs deputy, you might also need to pay to set up a security bond. This protects the finances of the person you’re a deputy for. The court may decide this isn’t needed if the person’s estate isn’t very high value. If you do need to set up a security bond, you’ll get a letter from the Court explaining how to do this.
Once you’ve been appointed, you’ll need to pay an annual supervision fee. How much this fee is depends on what level of supervision you need. If you’re a new deputy you’ll also need to pay an assessment fee, which costs £100.
Supervision fees cost:
- £35 for minimal supervision (property and affairs deputies who manage under £21,000)
- £320 for general supervision.
These fees don’t include our solicitors’ fees. Speak to us in a free initial consultation to discuss our fees and the funding options available to you.
Once a deputy is appointed by the Court, they’ll usually remain a deputy until either they or the client dies. If you’re a deputy to somebody who dies, you’ll need to notify the Official Public Guardian (OPG) and Court of Protection of the death.
If a deputy passes away, their executor should tell the OPG and Court, who’ll make sure a new deputy is appointed.
If the client regains the mental capacity to make their own decisions, a deputyship can also end in these circumstances. The Court of Protection must have evidence to prove that the client has regained their mental capacity.
Powers of Attorney have very similar roles and are able to make the same decisions on behalf of someone without the capacity to make them on their own.
The only real differences are that deputies must apply to the Court of Protection and they are required to provide an annual report to the OPG. A deputyship is made once someone no longer has the mental capacity to manage their own affairs.
An attorney is appointed by an individual who fears that they may not be able to make their own decisions at some point in their life. An attorney (s) is chosen by the person, who’ll lay out in writing what powers the attorney will and won’t have. Ideally, this will be done with a solicitor to make sure it’s completed correctly, but it doesn’t need to be applied for through the Court of Protection.
The process for appointing a Power of Attorney is faster and often less costly in the long term. If you fear you may not have the capacity to make your own decisions in the future, we strongly advise you to speak to our team.
