What is a Deputy?
If someone loses mental capacity but does not have Lasting Powers of Attorney in place, you can apply to the Court of Protection to obtain the legal authority to manage their affairs on their behalf. A "Deputy" is the person who has that legal authority.
There are two types of Deputy orders that the Court will grant. They are:-
1. Property and Financial Affairs
This will allow you to manage the person's financial affairs and do things like pay their bills, organise their pension or even sell their home.
2. Personal Welfare
This will allow you to make decisions about the person's medical treatment, living arrangements and how they should be looked after in general.
What is Involved in Being a Deputy for Someone?
Once you have been appointed as a Deputy, you will have the legal authority to look after someone's affairs in accordance with the Court order itself.
You will be required to send an annual report to the Office of the Public Guardian (OPG) every year explaining the decisions you’ve made on behalf of the person who lacks capacity and showing what money has been spent or received on their behalf. It is therefore important for the Deputy to keep accurate records and be well organised.
How Long Does it Take?
The process to be appointed as a Deputy can take several months to complete. It is also more expensive than putting Lasting Powers of Attorney in place so if it can be avoided, it will save both time and money.
However, for some this may be the only option and I can assist you by preparing and submitting the application on your behalf.