Mental capacity is the ability to be able to make your own decisions. Somebody who lacks mental capacity, whether because of an illness or disability such as a mental health problem, dementia or learning disability may be subject to a Deputyship Order so that somebody can manage their affairs on their behalf.

Making an Application
Anyone over the age of 18 can apply to the Court of Protection to be appointed as a Deputy for an individual who lacks the mental capacity to make a decision for themselves at the time the decision needs to be made.

Deputies are normally close relatives of the person who lacks capacity but if there is nobody appropriate to be appointed Larcomes LLP offer a professional Deputy service whereby one of the Partners in the Private Client department are appointed as the Deputy and they manage the affairs on an ongoing basis.

Types of Deputyship

Property and financial affairs Deputy
You will be responsible for managing all aspects of the person’s finances such as paying their bills and dealing with their pension.

Personal welfare Deputy
You will make decisions about the person’s medical treatment and general welfare. Welfare Deputyships are very rare and are usually only appropriate if there is a disagreement about somebody’s care therefore a best interest decision would need to be made over a specific issue.

Ongoing Management
Once you have been appointed as a Deputy it is important to register the Court Order with various organisations so that you are able to manage all of the person’s affairs.

There is a requirement by the Court to file an annual Deputyship Report detailing all income and expenditure with regards to the person’s finances so it is important that you keep accurate records of all transactions as you are accountable to the Office of the Public Guardian who supervise you in your capacity as a Deputy.

Applications to Court of Protection for a one off Order
If you already have a Lasting or Enduring Power of Attorney it would be unlikely a Deputy would be required but there may be circumstances where you need to apply to the Court for a one off Order to make a single important decision which the Power of Attorney document does not give you authority to do.

If you require assistance in making a Deputyship Application to the Court of Protection then call our Court of Protection specialist Chloe Evans on (023) 92448 170.