What is an Application for Deputyship (Property and Financial Decisions)?

Deputyship applications can be made to the Court of Protection for an order appointing you as Deputy to manage the property and financial affairs of your friend / relative. Becoming a Deputy for your friend / relative means that in making any decisions on behalf of them you MUST act within the principles of the Mental Capacity Act 2005 and have regard to the Code of Practice. Any decisions that you make on their behalf must be in their best interests.

Please have a read of the following article for further information on how to assist a family member / friend who has lost capacity: How can I assist a family member / friend who has lost capacity? 

What is the Mental Capacity Act 2005?

The Mental Capacity Act is an Act of Parliament designed to protect and empower people who may lack the mental capacity to make their own decisions about their own affairs. Formal confirmation of lack of capacity will be required by the Court before they will consider making an Order for Deputyship. This means that the person cannot make a decision for themselves at the time it needs to be made. 

Please have a read of the following article for further information regarding mental capacity:  What is Mental Capacity?

As a Deputy, you are responsible for helping someone make decisions or making decisions on their behalf. You must consider their level of mental capacity every time you make a decision for them, you cannot assume it is the same at all times for all types of decisions.

What should I consider when making decisions?

• Make sure that the decision is in your friend / relative’s best interests,
• Consider the decisions that they have made in the past,
• Apply a high standard of care – this might mean involving other people, e.g. other relatives or doctors
• Do everything you can to help your friend / relative understand the decision to be made,
• Add every decision that you make to your annual Deputy report.

What is an annual Deputy Report?

Once the Deputyship Order has been issued you will be supervised by the Office of the Public Guardian, and they will speak to you as they consider necessary. You must send an annual Deputy report to the Office of the Public Guardian each year setting out the current financial position and explaining the decisions that you have made. You should consult the Office of the Public Guardian if you are planning to make an important decision – for example selling a property or moving your friend / relative into a Care Home. You will be assigned a named contact to discuss any issues with.

Johnson Astills can help you with a Deputyship application by;

• Arranging the necessary capacity assessments,
• Advising you of your duties as a Deputy, and the responsibilities you will have whilst managing someone’s affairs.
• Drafting the Court Application and discussing this with you if it is granted
• Arranging security bonds.

How can we help?

Johnson Astills can assist with an Application for Deputyship.

Please get in touch with Johnson Astills today and we would be more than happy to discuss your requirements further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Wills and Probate Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.