A Deputyship Order is very similar to a Lasting Power of Attorney in that it allows an appointed person (a Deputy) to act on your behalf if your are unable to make your own decisions, for example, if you have a serious brain injury or dementia. This is called losing capacity.
If you lose capacity and you do not have a Lasting or Enduring Power of Attorney then the only way a loved one can act and make decisions on your behalf is to obtain a Deputyship Order from the Court of Protection.
Types of Deputy
There are two different types of deputy, one person can be both if necessary:
1. A Property and Affairs Deputy: A property affairs deputy is the most common form of deputy and deals with the person’s financial affairs. They do things like pay the person’s bills or organise their pension.
2. Personal Welfare Deputy: Less commonly, the Personal Welfare Deputy is for when a person lacks the capacity to make decisions regarding their care and treatment. They will make decisions about medical treatment and how someone is looked after.
How does your Deputy apply?
The first thing your deputy needs to do is to obtain verification that you have lost capacity. This can either be obtained through your doctor or a social worker.
Your deputy will then need to submit an application to the Court of Protection. The application process involves providing the court with detailed information about the circumstances and finances of the person who has lost capacity.
Your deputy will need complete the following forms:
· main application form (COP1)
· Annex A: supporting information for property and affairs (COP1A)
· Annex B: supporting information for personal welfare applications (COP1B)
· Assessment of Capacity (COP3)
· Deputy’s Declaration (COP4). This will outline your circumstances. You must be able to assure the court that you have the skills, knowledge and commitment to carry them out.
This is a minimum of 44 pages