Deputyship

Deputyship

Ideally, we should all appoint family, friends or a professional person such as a Solicitor to act as our Attorney while we are mentally able to make our own decisions. However, if a person lacks the mental capacity to manage their own affairs and they have not made arrangements to appoint someone as their attorney, then it will be necessary to apply to the Court of Protection for a Deputyship Order.

The Court of Protection oversees the management of the affairs and welfare of the most vulnerable members of society. A deputy is appointed by the Court of Protection and is responsible for making decisions in the best interests of the person who has lost mental capacity.

If you have a friend or relative whose health is deteriorating please encourage them to make a Lasting Power of Attorney whilst they still have the mental capacity to do so. This will avoid unnecessary stress and worry to both the individual and their family if a crisis does happen and the need for a Deputyship arises. For example, without a Deputyship order the property of a person lacking capacity and without a Lasting Power of Attorney cannot be sold and it can take several months to obtain the Order from the court.

There are two different types of Deputyship Orders which relate to either:

Property and affairs: This includes making decisions about your money and property, for example, collecting your benefits, selling or renting out your home should this be required, dealing with your banks or investment companies, paying your bills.

Personal welfare: For example deciding where a person is to live, giving or refusing consent for medical treatment. Speaking to agencies and professionals such as doctors on behalf of the person.

Harold G Walker Solicitors have experienced staff in each of the four local offices who are able to help you obtain Deputyship Orders and in some circumstances, can also provide a partner of the firm to be a professional Deputy. So, if a Deputyship Order is the only way forward please contact us as soon as possible so that the team of highly skilled and friendly staff can begin the process of obtaining the Order without delay.

For further information on Court of Protection and Deputyship Orders please contact a member of the Wills & Probate team.