The Court of Protection (CoP) appoints people to make decisions for those who lack capacity to make decisions for themselves and resolves disputes about decisions for such people.
If the person who lacks capacity has not made a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) and they have lost capacity, it is likely that someone will need to apply to the CoP to be appointed as Deputy for that person.
The CoP is responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
Who can apply to be a Deputy?
You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.
If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.
The court can appoint 2 or more deputies for the same person.
The court will tell you how to make decisions if you’re not the only deputy. It will be either:
- Jointly, which means all the deputies have to agree on the decision
- Jointly and Severally, which means deputies can make decisions on their own or with other deputies
How to apply to become Deputy
You will need to complete an application form together with supplementary forms to apply to become deputy. As part of the process you must also tell family members/friends of the person who lacks capacity that you are applying to the CoP.
You will also have to tell the person you’re applying to be a deputy for.
You must pay a fee to apply to be a deputy.
You must also pay:
- a supervision fee every year after you’ve been appointed
- a ‘security bond’ – if you’re appointed as a property and affairs deputy
When you apply you must pay a £400 application fee. You need to pay the application fee twice if you’re applying to become both types of deputy.
When you have been appointed as deputy, you must pay an annual supervision fee depending on what level of supervision your deputyship needs.
The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.
You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000.
When you have applied
The Court of Protection will review your application and make a decision after you have told the other people involved that you have applied – provided your application was complete and no one objected.
You’ll be sent a ‘court order’ telling you what you can and can’t do as a deputy. You can start acting on behalf of the person:
- as soon as you’re appointed – if you’re a personal welfare deputy
- when you pay a security bond – if you’re a property and affairs deputy
What can we do to help?
Applying to the Court of Protection to become a deputy for somebody can be a very daunting process. The Private Client team at Morrish Solicitors can help by applying to the Court of Protection on your behalf.
If you require any further information in relation to the above, or if you need some assistance with the process, please do get in touch by calling us on 033 3344 9606 or email [email protected].