Deputyship
How does Deputyship work?
There are 2 types of Deputyship Orders:
- Property and financial affairs Deputyship Order is for decisions about finances such as paying bills and managing their pension.
- A Health and Welfare Deputyship Order is for decisions about how someone is looked after, their living arrangements and their medical treatment.
An application must be made to the Court of Protection (COP) to obtain an order. The COP will assess the application, taking into consideration many factors such as the evidence of mental incapacity, the individual(s) making the application, whether an order is appropriate and whether there are any objections to the application.
How can Wildings Solicitors help you?
We can assess your circumstances and advise whether we believe there is the possibility of obtaining a Deputyship order. We will be able to assist you with the application process, and collate the evidence to present to the COP.
The Court of Protection (COP) is part of the court system that deals with matters involving vulnerable adults. The COP is the body which has the authority to appoint deputies to assist those who lack mental capacity with decisions in relation to their health & welfare and property and finances.
A single deputy may be appointed or multiple. If there are multiple deputies, they can either act ‘jointly’ or ‘jointly and severally’.
A joint deputyship is where all deputies must make decisions collectively, whereas joint and severally is where the deputies can make decisions on their own and jointly.
An LPA is made by the individual before they lose mental capacity whereas a Deputyship Order is granted where there is no LPA in place and after the individual loses mental capacity.
A Deputy must ensure all decisions are in the best interest of the individual. They should consider decisions the individual made for themselves in the past. Best efforts must also be made to try to help the person understand the decisions being made on their behalf. There is a high standard of care and advice should be sought from family members, doctors and other relevant professionals to ensure the best outcome for the person. These decisions should be recorded as deputies are required to produce an annual report for the COP.
Deputies are usually those who are relatives or friends of the person who needs help with making decisions. An applicant must be 18 or over. A professional such as a solicitor can also be appointed as a deputy.
The OPG will continue to protect vulnerable people even after a deputy has been appointed. Deputies are required to submit annual accounts so the OPG can ensure they are complying with the terms of the order.
If the family of a vulnerable individual believes the deputy is not carrying out their role properly and does not have the individual’s best interests at heart, an application can be made to the court to replace a deputy.
A Statutory Will is where a Will can be written on behalf of the vulnerable individual where they do not have capacity. This will have to be submitted to and approved by the Court of Protection. The court will consider whether the Will was made with consideration of the individuals personal wishes and whether it was made in their best interest.
We don’t have a ‘one-size fits all’ approach at Wildings. We understand that each client will require a bespoke service and has individual needs. We will therefore have an in-depth discussion with you to fully understand P’s circumstances. Our fees will therefore be appropriate for your individual case. In most cases our fees range from £2,500 to £5,000 however this of course can vary from case to case.
Book your initial consultation with our LPA & Deputyship in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
