Our quick read guide covers when a Deputyship order will be required, role of a Deputy and most importantly the application process and costs, so you can make the right decision for your situation.Guides
The thought of someone close to you potentially losing their mental capacity is daunting, and when it does happen to a loved one, it can be difficult for everyone close to the individual.
When someone is granted a deputyship order, they are able to make decisions for the person who lacks mental capacity in a way that represents their best interests, helping them retain a quality of life and a level of control over the choices that impact their life.
The impact of losing mental capacity includes losing some or all ability to understand information, make informed decisions, and communicate wishes. This means that the individual must rely on someone else to make decisions for them; an authority that can be granted through a deputyship order (if no Enduring or Lasting Power of Attorney is in place).
The deputyship order provides the ‘deputy’ with the right to make decisions on behalf of someone who has lost the capacity to make their own decisions regarding their every-day life and financial affairs.
A deputyship order must be set up by applying to the Court of Protection in England and Wales, a process that our team of friendly and experienced advisors here at Unite Wills can help you with.
Whether someone loses mental capacity through dementia, brain injury, severe learning disabilities, or any other illness or condition, they retain every right for decisions to be made in their best interests. Each case is different and the reason behind needing a deputyship order depends on the specific situation.
A deputyship order allows you to make all sorts of decisions on behalf of the individual if they are unable to do so themselves. This includes everything from every-day issues, such as what they wear or the food they eat, to the more complex financial affairs relating to pensions and tax, for example.
If a deputyship order isn’t in place, there’s a risk that decisions will not be made in the best interests of the individual and it could lead to further distress.
There are two main types of deputyship orders in the UK:
The former grants the right to make decisions regarding the individual’s money, businesses, houses, pensions, and so on, while the latter is more focussed on every-day issues such as their day-to-day care and wellbeing.
To get help with applying for a Court of Protection deputyship order, complete our short contact form and a trained member of our team will be in touch at a time that best suits you.
Here at Unite Wills, we will:
We will always strive to get your deputyship order over the line as efficiently as possible, while maintaining exceptional standards and ensuring that all legalities are covered.
The powers of a deputy are set out in the Court’s orders and can vary considerably from case to case, depending on the needs of the person in question.
In general terms, deputies are responsible for helping another individual make decisions (or making decisions on their behalf).
There are five statutory principles (as set out in the Mental Capacity Act 2005) that must be followed in every case, including the following:
By law, deputies must work within the rules set out in the Mental Capacity Act 2005 and the Code of Practice that accompanies it.
Anyone over the age of 18 can apply for a deputyship order, but it is often a family member of the individual who lacks mental capacity. It can also be a trained professional, such as a lawyer, depending on the complexity of the case.
People who are bankrupt or subject to a debt relief order must state this on their application, as it is likely to mean that their Property and Financial Affairs application will be rejected. Having your own financial issues will not, however, affect your right to be a Personal Welfare deputy.
The timescale to complete a deputyship order application varies significantly between cases, but the typical process lasts for a total of around two to three months on average.
Of course, complications can arise, which may lead to the process taking slightly longer.
As with most legal procedures, there are inevitable and unavoidable costs.
When applying to the Court of Protection, court fees may apply. These include application fees costing £400 for each deputyship order, and an additional £500 if the court decides it’s necessary for a hearing to take place.
If the court grants you the deputyship order, you might also be charged £100 each in ‘new deputy fees’ and £325 for annual supervision. Following the first year, the annual supervision fee reduces to £35 if you are a Property and Financial Affairs deputy and the person’s estate is worth less than £21,000.
Property and Financial Affairs deputies can also claim back application fees from the funds of the person they are helping.
Legal fees are applicable for the work undertaken to prepare your Court of Protection deputyship order application, but the amount you’ll pay depends on a variety of factors.
For more information on the cost of applying for deputyship, get in touch with us today by using the short contact form below.
Our team of professional advisors are available to help you with all aspects of your Court of Protection deputyship application, from start to finish.
Begin the process today by completing our short contact form; once you have done so, a member of our team will be in touch at a time that is convenient for you.