Deputyship Applications

If someone lacks mental capacity and does not have a valid Lasting Power of Attorney in place, it may be necessary for someone to apply to Court to become that person’s “Deputy” in order for decisions to be made for that person.

This process can take a long time, can cost a lot of money and doesn’t give the person who lacks mental capacity any say over who will make decisions on his or her behalf - this is why it is recommended that everyone puts Lasting Powers of Attorney in place. However, for one reason or another that does not always happen and so this note covers things to consider when a Deputyship Application may be needed.

As with Lasting Powers of Attorneys, there are two types of Deputy; property and financial affairs and personal welfare. However, the Court will usually only appoint a personal welfare deputy in exceptional circumstances. 

Read the full article here.