Court of Protection Deputyship
If you need to provide a loved one extra support because they struggle to make their own decisions, we can help you apply to the Court of Protection to become an authorised Deputy.
Whether caused by old age, and illness such as dementia, or a brain injury, no one can predict when life might cause a relative or close friend to lose their mental capacity (the ability to make their own decisions about things like their finances and personal welfare).
Many people assume they will simply be able to step into their loved one’s shoes to provide support. However, this isn’t usually the case. Unless your loved one has made a Lasting Power of Attorney, you won’t be authorised to act on their behalf. For example, their bank won’t allow you to manage their accounts.
For expert advice about making a Court of Protection Deputyship application, give us a call at your local Chattertons office in Boston, Bourne, Grantham, Horncastle, Lincoln, Newark, Sleaford, Spalding, or Stamford.
Our Court of Protection Deputyship Solicitors’ expertise
Our dedicated Court of Protection team understand how distressing and emotionally taxing it can be to care for someone who needs extra support. A loss of personal independence is not only hard for the individual themselves to experience, but hard for their friends and family to watch.
We approach all Court of Protection matters with great sensitivity. We only want what is best for you and your family. Our service includes:
- Providing advice about the types of Deputyship available
- Handling the application process on your behalf
- Providing advice about your role and responsibilities as a Deputy
- Providing advice on making decisions on behalf of a loved one or helping them make decisions
- Helping you prepare and submit annual reports
- Helping you claim back expenses
We can also help with other Court of Protection matters, including Statutory Wills. For more general information, please visit our Court of Protection Page.
Clients often ask us...
What types of Court of Protection Deputy are there?
There are 2 types of Court of Protection Deputy:
- Property and Financial Affairs Deputy
- Personal Welfare Deputy
You can either apply to become one kind of Deputy or both kinds.
The court order you receive will explain exactly what decisions you can and can’t take as a Deputy. You must also submit an annual report to the Office of the Public Guardian every year explaining what decisions you have made and outline all expenses incurred, if you are appointed for finances.
Property and Financial Affairs Deputy:
This kind of Deputy is authorised to do things like:
- Pay someone’s bills, rent and/or mortgage
- Manage their bank accounts
- Organise their pension
- Buy and sell property
Personal Welfare Deputy:
This kind of Deputy is authorised to make decisions about someone’s
- Medical treatment
- Day-to-day activities and routine
The Court of Protection will usually only appoint a Personal Welfare Deputy if there are concerns about whether decisions are being made in someone’s best interests or whether there’s a specific issue that decisions need to be made about over time (for example, where someone should live).
Do you need a solicitor to apply for Deputyship?
Court of Protection applications are complex, requiring a number of different forms and evidence of your loved one’s mental incapacity. Our specialist Court of Protection team have the experience to help you fill out all the forms correctly.
We can ensure that your case is handled efficiently with all forms filled out with meticulous attention to detail. This will minimise the risk of your case being delayed or the application being rejected.
How long does it take to get a Deputyship?
The process of applying to the Court of Protection for a Deputyship Order usually takes around 6 - 8 months. However, the exact time period will depend on the individual circumstances of your case.
How much does it cost to apply for Deputyship?
The Deputyship court application fee is £365 (or £730 if you want to become both types of Deputy). However, if your case needs a hearing, for example, because someone objects to your application, you will need to pay a further fee of £485.
You must also pay annual supervision fees depending on the level of supervision you need. If you are a new Deputy, you must pay a £100 assessment fee then for most Deputies, the general supervision fee is £320. For Property and Financial Affairs Deputies managing less than £21,000, the minimal supervision fee is £35.
Property and Financial Affairs Deputies must also pay a ‘security bond’ â€â€Åâ€Åâ€œ insurance that protects your loved one’s finances. How much you pay will depend on the value of their estate and how much of it you control. You can pay using your loved one’s money or you can claim back from their estate.
If your loved one is on a low income or receives certain benefits, you are eligible for an exemption or reduction in fees.
Who can be a Court of Protection Deputy?
Deputies are usually a relative or close friend of the person who needs extra support. You can apply to become a Deputy if you are at least 18 years old. If you want to become a Property and Financial Affairs Deputy, the Court of Protection may consider whether you have the skills to manage your loved ones finances.
Can a Deputy see a Will?
Part of your role as a property and financial affairs deputy will be to ensure that your decisions do not interfere with your loved one’s succession plans. To do this you may need to see a copy of the Will. If your loved one cannot consent to their solicitor showing you the Will, you may be able to rely on your powers as a Deputy. However, you need to satisfy yourself and their solicitor that your loved one definitely cannot consent to the disclosure.
Can a Deputy change a Will?
Typically, the Court of Protection states that Deputies should not make or change a Will on behalf of their loved one.
If you need to change your loved one’s Will, you will need to apply to the Court of protection for a Statutory Will. To do this, you will need to provide evidence that your loved one does not have the testamentary capacity to change the Will themselves.
What happens to Deputyship when someone dies?
If your loved one passes away, your Deputyship will immediately end and you should no longer deal with their finances. The administration of the estate will be taken over by the Executors or Administrators. If this is still you, you need to apply for a Grant of Representation for authorisation. For more information, please visit our Probate & Estate Administration page.
If you are a Property and Financial Affairs Deputy, you only have to pay the supervision fees for the part of the year that you were a deputy. For example, if you pay the minimal supervision fee, and your loved one dies after six months, you only need to pay £17.50.
What expenses can a Deputy claim?
You can only claim expenses for things you have to do in your role as a Deputy, such as:
- Phone calls
- Travel costs
You cannot claim expenses for time you spend carrying out your duties or for travel costs for social visits.