Deputyship Orders
Nobody likes the thought of someone close to them losing the ability to be independent and make their own everyday decisions, but it happens all too often, whether it’s down to an illness, injury or simply old age.
To help ease the distress placed upon the individual and their family, it’s important that a deputyship order is set up (if there’s no Enduring or Lasting Power of Attorney) so that someone they trust and someone that has their best interests at heart can help them make the important decisions that will impact the quality of their life.
What is a deputyship order?
If someone loses some or all of their mental capacity, they may no longer be able to make their own informed decisions, make their wishes known, or even comprehend the information they’re told.
They might not be able to decide how to dress or look after themselves on a daily basis, and financial issues such as tax and pensions could also be beyond their capabilities. If this is the case, they must rely on someone else to make decisions for them and act on their behalf.
If there is no Enduring or Lasting Power of Attorney set up, you will be required to apply to the Court of Protection for a deputyship order to be granted the authority to make those decisions on behalf of the individual that lacks mental capacity (in England and Wales).
Depending on the type of deputyship order you are granted, you will then have the responsibility of helping the individual make decisions regarding their everyday life and/or their financial affairs.
What types of deputyship orders are there?
There are two main types of deputyship orders from the Court of Protection:
Property and Financial Affairs
Personal Welfare
The Property and Financial Affairs deputyship order grants the right to help the affected individual make decisions regarding money, houses, assets, pensions, tax and other financial issues.
The Personal Welfare deputyship, on the other hand, relates more to everyday life choices from their care, to the clothes they wear and the food they eat.
When would a deputyship order be issued?
Someone could lose mental capacity as a result of many injuries or illnesses, including (but not limited to):
Dementia
Severe learning disabilities
Brain injury
Stroke
Severe mental health problems
A deputyship order can be issued in any case where someone has become totally or somewhat incapable of making their own informed decisions.
The type of deputyship order you need to apply for depends on the circumstances surrounding the case and the severity of the mental incapacity.
If they are unable to make sensible decisions about their finances, including tax issues and pensions, then you only need to apply for a Property and Financial Affairs deputyship order. If they are not able to make everyday decisions (regarding things like cooking, cleaning, eating, care, general wellbeing, etc.), then a Personal Welfare deputyship is needed.
You can apply for either one or both of these, depending on the needs of the individual, but our team are happy to talk you through your options and advise on the appropriate route to take
How long does it take to get a deputyship order?
The average timescale of a deputyship order is around two to three months, but it varies with each case and there are a number of complications that can arise which could draw out the process.
When you apply for deputyship with Quick Wills, you can guarantee that we will work as efficiently as possible when handling your case, while also retaining a high-quality service and covering all bases in terms of the legalities.
Court of Protection deputy duties and responsibilities
Generally speaking, the role of a deputy is to make decisions with – or on behalf of – the person who has lost the mental capacity to handle their own affairs.
There are five statutory principles listed in the Mental Capacity Act 2005 that must be adhered to, including:
Until it is established not to be the case, it must be assumed that the individual does have mental capacity.
All relevant actions must be attempted (and failed) to help the individual make their own choices first, before a deputy can act on their behalf.
An individual must not be viewed as lacking mental capacity simply for making unwise decisions.
Everything done on behalf of the individual must be done in their best interest.
All actions done or decisions made must be done in a way that is the least restrictive on their basic rights and freedom of action.
By law, Court of Protection deputies must follow the above principles.
Who can be a court of protection deputy?
Anyone above the age of 18 years old can apply to be a deputy, but the role is primarily undertaken by close family members or loved ones of the individual in question. This is suitable because they tend to know, based on previous decisions the person has made, what their best interests are.
In more complex cases, it is advisable to appoint a professional deputy (either alone or alongside another deputy), because they are more experienced in handling difficult financial affairs relating to tax, pensions, properties and so on.
Is there anyone that cannot be a deputy?
The main reason why applicants are rejected is that they are either bankrupt or subject to a debt relief order. If you are in financial difficulty, it is important to mention this on your deputyship application as this will affect your eligibility. It will not, however, affect your right to become a Personal Welfare deputy.
Court of protection costs
The cost of applying for deputyship depends on your situation, including the type of deputyship order you apply for and whether or not a Court hearing must take place.
Court of Protection fees usually apply, which include a £400 application fee and an additional £500 if the Court decides that a hearing is necessary.
If your application is successful, you might also be charged £100 in ‘new deputy fees’ and £325 for the first year’s annual supervision. Property and Financial Affairs deputies will have their supervision fee reduced to £35 thereafter if the person’s estate is worth less than £21,000.
Property and Financial Affairs deputies can reclaim application fees from the funds of the person they are helping in some cases – just mention this to our advisors and we’ll be sure to check your eligibility for any exclusions or discounted fees.
Legal fees are also applicable for the work undertaken to prepare your Court of Protection deputyship order application, but the amount you pay cannot be estimated without knowing the details of your case. Get in touch with us today and we’ll be able to give you a more accurate idea of the prices you might be looking at.
How to apply for a deputyship order with Quick Wills
Applying for deputyship can be daunting if you face it alone, which is why Quick Wills are here to make the process as straightforward as possible.
To get help with applying for your Court of Protection deputyship order, simply complete our short contact form below and one of our trained advisors will be in touch at a time most convenient for you. We will help you decide which deputyship order to apply for, complete all necessary paperwork and legal documentation, and liaise with the relevant parties.
Applying for a deputyship order with Quick Wills ensures that all legalities are covered and that you have a hassle-free experience.