DEPUTYSHIP

If you want to assist someone with their financial affairs, and that person does not have sufficient mental capacity to understand legal documents.

Applying to Appoint a Deputy

If you want to assist someone with their financial affairs, and that person does not have sufficient mental capacity to understand legal documents, then you must apply to the Court of Protection to be appointed as a Deputy.

This may apply if you want to assist a vulnerable adult with learning difficulties or mental health problems, or an elderly relative with dementia.

To apply to be appointed as Deputy, you will need to complete various forms:

- The Application Form sets out your application for an order that the vulnerable person does not have sufficient mental capacity to manage their own finances. You must list a number of people who should be notified when the application is issued.
- The Supporting Information involves supplying a lot of detailed information about the vulnerable person's circumstances and finances.
- The Assessment of Capacity form needs to be completed by a medical practitioner who can -confirm that the vulnerable person lacks mental capacity to manage their own financial affairs.
- The Deputy's Declaration must be completed by the person applying to be appointed as Deputy to show that they are a suitable and competent person to act as a Deputy.

There is a Court fee. You can apply for exemption or remission of the Court fee if the vulnerable person has income less than £16,000 or receives certain benefits.

Once a Deputyship application has been issued by the Court, you must serve the people listed in COP1 with Notice. They then have an opportunity to raise objections to the appointment. If they do not respond within 6 weeks, the Court can make an order appointing you as Deputy. You must also serve the vulnerable person with notice of the issued application. Once the order is made, you must serve another notice on the vulnerable person. You must also take out an insurance policy to cover any losses arising from your fraud or negligence. You will then have to pay annual Court fees to the Office of the Public Guardian.

Acting as Deputy

The terms of the order will set out the limits of your powers. You will be under a duty to act in the best interests of the vulnerable person.

How can Amanda Greenough Solicitors help you?

We understand that when making an application to the Court of Protection can be very stressful for the family and loved ones. Amanda Greenough Solicitors can assist you with making the application for a fixed fee.

There is a lot of useful information about Deputies on the Office of the Public Guardian website http://www.publicguardian.gov.uk

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