Court of Protection Deputyship Applications

What is a deputyship?

A Court of Protection deputyship is used when a person cannot take care of their own welfare and finances, so a loved one or professional is appointed to help with decisions about these matters. The person wishing to become a deputy will need to complete a deputyship application and submit this to the Court of Protection.

Once the deputyship has been granted, the elected person can make decisions about the finances and/or welfare of the individual who lacks capacity. This is a serious responsibility with oversight from the Court of Protection, so it is important to have expert support when acting as a deputy.

A deputyship order is used when the person who lacks capacity does not have a Lasting Power of Attorney in place. They are commonly used if a person has learning disabilities, dementia or a brain injury.

If you or your loved one need support with a deputyship application, our deputyship solicitors can guide you through the various legal stages.

We can offer expertise and legal support in many ways, including:

• Support to apply for a deputyship
• Legal advice on deputyship application rules
• Support for people acting as deputies
• Helping you with deputyship disputes
• Guidance on which type of deputyship is appropriate
• Our solicitors can act as professional deputies if required

If you would like to discuss applying for a deputyship, or you need advice on behalf of a loved one, please contact us on 01689 887887 or fill in our enquiry form.

Our expertise with Court of Protection deputyship applications

At CWJ Solicitors, we have a committed team of experts capable of offering outstanding legal advice for deputyship applications and deputyship disputes. We put our clients first, offering bespoke legal guidance to suit your personal needs.

Vulnerable clients often require specialist legal support to protect their rights and safeguard their financial affairs. We are dedicated to providing the very best legal services for vulnerable people and their families.

Types of deputyships

There are two different types of deputyship.

The two types of Court of Protection deputyship are:

Property and financial affairs deputyship

A property and financial affairs deputyship is one of the most common types of deputy order. It allows a chosen representative to manage someone’s finances when they cannot do this themselves.

Property and financial deputies can perform various duties on the person’s behalf, including:

• Buying or selling property
• Investing
• Paying bills
• Making purchases

Health and welfare deputyship

If a person lacks capacity and cannot take care of themselves, they may need the assistance of a health and welfare deputy. These deputies are appointed to make decisions for a vulnerable person concerning their care and medical treatment.

A health and welfare deputy may need to make various decisions, such as:

• Where a person should live
• With whom they should live
• Decisions on day-to-day care, including diet and dress
• Consenting to routine medical or dental examination and treatment on their behalf
• Arrangements for the provision of care services
• Whether they should take part in particular leisure or social activities
• Complaints about their care and treatment

There are certain decisions that cannot be made by a health and welfare deputy and these are:

• Decisions where the person can make that decision for themselves
• To prevent somebody having contact with them
• Consent to specific treatment if the person has made a valid ‘advance decision’ to refuse that specific treatment
• Refuse consent to the carrying out or continuation of life-sustaining treatment

However, it is important to note that whilst the Court of Protection appoint numerous property and financial Affairs deputies, they are very hesitant to appoint health and welfare deputies.  Health and Welfare deputyships are rarely granted, unless there are a particular set of circumstances.  Our deputyship solicitors can review your case and advise on whether a health and welfare deputyship is likely to be successful in your situation.

Court of Protection deputyship applications FAQs

How to apply for a deputyship?

To apply for a deputyship, you’ll need to complete an application and send this to the Court of Protection along with your application fee. Several deputyship forms need to be completed, including the COP1, COP3, and the COP4.

The deputyship application forms are used to provide details about the person who lacks capacity and their prospective deputy. The COP3 form must include evidence to prove that the person cannot arrange their own personal and financial matters. Usually, the evidence is provided by a doctor or another medical professional.

As part of the procedure, the potential deputy must serve notice to various people associated with the application. This will include the individual who needs a deputy and anyone named as an interested party.

Once your application has been submitted, the Court of Protection will contact you to let you know the next steps. You may need to give more information, offer a security bond or attend a hearing.

Our deputyship solicitors can support you with every stage of the application, ensuring that you provide the correct information within the appropriate timeframes. We can advise you on the obligations and rules of deputyship while tailoring our advice to your personal circumstances.

How long does it take to get a deputyship order?

It can take between 4 and 6 months to obtain a deputyship order. There are several deputyship forms to complete and there also needs to be a capacity assessment by an appropriate medical professional, all of which take time.

After the applicant has sent the deputyship application to the Court of Protection, they are obliged to notify certain people, for example, the relatives of the person who lacks capacity.

Our experienced legal team will do all that they can to streamline the process and resolve any deputyship disputes that arise.

How much does it cost to apply for a deputyship?

The standard Court fee to apply for a deputyship is £365. There are also solicitors’ fees to draft the application and notify the other parties involved.

Our deputyship solicitors will do our best to offer a fixed fee, depending on the circumstances and details of your deputyship application.

Who can act as a deputy?

Any one over 18 years old can apply to act as a deputy on behalf of a loved one. Only individuals can apply, as opposed to legal entities (for example, companies).

Deputies are usually friends or family members of the vulnerable person. Deputyships may be denied if the court does not believe that the person can adequately manage the vulnerable person’s affairs.

If an individual does not have a suitable family member or friend to act as a deputy, they may appoint a professional deputy, such as a solicitor. Our experienced deputyship solicitors can act as professional deputies for clients who require this service.

What is the process for handling deputyship disputes?

It’s not uncommon for disputes to arise as part of a deputyship order. If a candidate applies for deputyship and another concerned relative disagrees with their appointment, the relative can dispute the deputyship order.

Disputes arise if, for example, a relative does not feel that the potential deputy will act in the best interests of the vulnerable person, or, if the potential deputy is not physically or mentally capable of the responsibility.

When disputes arise, they may need to be settled in a court hearing. During the hearing, objections are communicated and evidence is provided from involved parties. Our deputyship solicitors can help you to resolve disputes, protecting the needs of your vulnerable loved one.

Get in touch with our deputyship solicitors today

To learn more about applying for a deputyship order, please contact us on 01689 887887 or fill in our enquiry form.