The person you care for may have lost their ability to make their own decisions about their health and care and/or they may be unable to manage their property and financial affairs (see Mental capacity). The person you care for may have already planned for a time when they cannot make their own decisions by putting a Lasting Power of Attorney in place (see Lasting Power of Attorney). However if they haven’t done this, and you need to make certain decisions on their behalf, you will need to apply to the Court of Protection to become their deputy. This is a way of getting the legal authority necessary to make decisions on their behalf when they no longer have capacity to set up a Lasting Power of Attorney.
There are two different types of deputyship: one for decisions about a person’s property and financial affairs, and one for decisions about their personal welfare. Although a deputy is often a carer, relative, or friend, in some circumstances it could be a professional such as a solicitor, accountant, or another professional felt to be appropriate by the Court of Protection. To be a deputy you do need to be 18 years or over and agree to be a deputy. It’s also possible for a person to have more than one deputy in which case the Court will tell you how to make decisions if you are not the only one.
In order to become a deputy you will need to submit an application to the Court of Protection. This involves providing the court with detailed information about the person you care for circumstances and finances by completing a number of different forms. Once the forms are submitted the Court will assess and decide on your suitability to be a deputy based on the information you have provided. The person you care for will be notified as will any significant others in their family.
It is possible to make an emergency application where a person’s life expectancy is very short or to execute a will. You can also make such an application if the person you care for needs urgent medical treatment or you want to prevent them from being removed from the place where they live. Phone the court on 0300 456 4600 and ask to speak to an urgent business officer. They will discuss the case with you and make arrangements to receive your application and present it to a judge. There is also a specific emergency applications phone number which is 0207 421 8824 (or 0207 947 6000 out of hours).
See deputy responsibilities for further information, how to make an application including the forms that need to be completed, and the fees involved.
Things to think about
Think carefully before making a deputyship application about what is involved and consider getting further advice from a solicitor before going ahead. There are ongoing duties and responsibilities beyond making the application that you will be expected to carry out.
The application process can be long and you should take into account the fact that a decision can take weeks, sometimes several months. If urgent, consider making an emergency application.
You will also need to pay a court fee, although in many cases this will come from the finances of the person you care for but you should check this out with the court. It is possible to get exemptions or reductions depending on the person’s means.
