When you’re faced with the task of taking over someone’s financial affairs due to their lack of mental capacity, understanding how to proceed can be daunting. In the United Kingdom, the legal process that enables this is often called ‘deputyship’. Here, we’ll guide you through the steps to arrange a deputyship, breaking down the complexities into clear, actionable advice.
Understanding the Need for a Deputyship
A deputyship is necessary when an individual can no longer make their own decisions about their property and financial affairs or health and personal welfare due to mental incapacity. This situation may arise due to a variety of reasons, such as dementia, brain injury, or other conditions that affect mental functioning.
Before you consider applying to become a deputy, it’s vital to confirm that the person in question lacks mental capacity. Medical opinions from relevant healthcare professionals will be needed to support your application.
Who Can Apply?
Generally, anyone over the age of 18 can apply to be appointed as a deputy, although it’s most common for close family members or friends to take on the role. Professional deputies, such as solicitors, can also be appointed, usually in complex cases or where there is no suitable family member or friend available.
The Application Process
To start the process, you must submit an application to the Court of Protection. The application comprises several forms that must be filled out carefully and accurately:
- Application Form – COP1: This introduces the application to the court.
- Assessment of Capacity – COP3: Completed by a qualified professional, this form assesses the mental capacity of the person you wish to help.
- Deputy’s Declaration – COP4: Here, you provide details about yourself, your relationship to the person in need, and why you’re suitable to act as their deputy.
Alongside these forms, you’ll need to submit a fee, though fee exemption or remission may be available depending on your financial situation or that of the person you’re applying to be a deputy for.
Notifying Interested Persons
Before the Court of Protection can make a decision, you must notify the person lacking capacity and any interested parties, such as close family members or carers, of your intention to become a deputy. This is an important step as it allows others a chance to raise any concerns or objections.
The Court’s Decision
Once your application and all necessary notices have been processed, it will be considered by the Court of Protection. In some cases, a hearing may be required, especially if the application is contested. If all goes smoothly and the court is satisfied that a deputyship is in the best interest of the person lacking capacity, they will issue an order appointing you as deputy.
After Appointment
Being a deputy comes with significant responsibilities. You will be legally obligated to act in the best interest of the person you’re responsible for and to manage their affairs with the utmost care. This includes keeping detailed records of all decisions made and financial transactions conducted.
Each year, you must submit an annual report to the Office of the Public Guardian, detailing how you’ve managed the affairs over the last year.
Tips for Prospective Deputies
- Gather all relevant information about the person’s financial affairs and healthcare needs before applying.
- Seek advice from healthcare professionals to understand any medical issues in depth.
- Maintain open communication with family members and other interested parties to ensure transparency throughout the process.
- Consider seeking legal advice to navigate the application process effectively, particularly if the case is complex.
- Stay organised: Documentation and record-keeping are critical for deputyship.
Conclusion
Taking on the role of a deputy for a loved one can be a challenging but rewarding responsibility. By following the steps outlined above, you can ensure that you act within the legal parameters and have the required authority to make pivotal decisions about someone else’s welfare.
Remember, the role of deputy is to facilitate, to the best of your ability, the preservation of the person’s dignity and to maintain, as much as possible, their financial security and personal wellbeing. With careful planning, respect for legal procedures, and a compassionate approach, you can make a tremendous difference in their life at a time when they most need your support.
If you have found this guide useful, please consider sharing it with those who might also benefit from knowing how to arrange a deputyship responsibly and correctly.
