Deputyship

Deputyship Applications

What to do when an LPA Isn't in Place

Sometimes, despite our best intentions, we may find ourselves in situations where a loved one lacks mental capacity to make decisions for themselves, and there is no Lasting Power of Attorney (LPA) in place.

In such cases, Deputyship Applications offer a solution to ensure their best interests are protected.

The Process:

Assessment of Capacity: The first step in a Deputyship Application involves obtaining evidence to demonstrate that the individual lacks mental capacity to make decisions for themselves.
This may involve medical assessments and reports from healthcare professionals.

Application Submission: Once capacity has been established, an application is made to the Court of Protection for the appointment of a deputy. This application includes detailed information about the individual's circumstances
And the decisions that need to be made on their behalf.

Notification of Interested Parties: All interested parties, including the individual themselves (if possible), close relatives, and relevant healthcare professionals, must be notified of the application.

Court Review: The Court of Protection carefully reviews the application to ensure it is in the individual's best interests. This may involve additional assessments or investigations to determine the suitability of the proposed deputy.

Deputy Appointment: If the application is approved, the Court will issue a Deputyship Order appointing the chosen individual or individuals as deputies. The order specifies the scope of the deputy's authority and any restrictions or conditions that apply.

Important Considerations:

Best Interests: The primary consideration in a Deputyship Application is the best interests of the individual lacking capacity. The proposed deputy must act in their best interests at all times and make decisions that promote their welfare and wellbeing.

Representation in Court: As a qualified barrister, Richard can provide expert representation in court proceedings related to Deputyship Applications. He can guide you through the various steps of the process,
Ensuring your interests are effectively represented.

Costs and Fees: Deputyship Applications involve various fees, including those associated with assessments and reports required for the application. Due to the individualised nature of these assessments, it's challenging to estimate the costs without further investigation. By speaking with us, we can provide a clearer view of what will be involved moving forwards.

You can contact us or use our booking form to arrange a call to discuss your individual situation.