There may already be a Lasting Power of Attorney in place when someone has Dementia or you may be looking to put one in place because of the Dementia. Either way if you need assistance about making decisions about a loved one’s finances or health, you can speak to our team today for advice..
Deciding to apply for Deputyship is a major step. It can bring painful emotions to the surface when you realise that a loved one’s dementia means they are no longer able to make their own financial or welfare decisions.
Our Court of Protection team explains what is involved in a Deputyship application. If you decide you want to apply to be a Deputy, our specialist solicitors can help you with an application to the Court of Protection.
Free Initial Telephone Discussion
To find out how we can assist, please call us on 0161 330 6821 or fill in our online form. Alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.
We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.
Do you Need to Apply to Become a Deputy?
The first step in the Deputy application process is to check that you need to make an application. If yourfamily member or friend signed a Power of Attorney or a Lasting Power of Attorney, a Deputy application may be unnecessary. That is because an Attorney appointed in a Power of Attorney can act in the best interests of a person suffering from dementia in much the same way as a Deputy.
Our Lasting Power of Attorney solicitors can check the wording of any LPA on your behalf. For example, a relative with dementia may have named you as their Attorney in a health and welfare Lasting Power of Attorney but they may not have made a financial LPA. You may need the financial LPA to access your relative’s bank accounts to pay their household bills and their professional carers. If your relative has lost their mental capacity, they will not be able to sign a financial LPA and you will therefore need to apply to the Court of Protection to be appointed as their Deputy and authorised by the Court to make financial decisions.
Becoming a Deputy for a Person with Dementia
The decision to apply to become a Deputy for a person with dementia involves lots of form filling as the Court must be satisfied that the person has lost mental capacity and is, therefore, unable to make their own decisions and that you are a fit and proper person to be appointed as a Deputy.
Our Court of Protection lawyers understand that the form filling involved in a Deputy application can be frustrating and time-consuming. We take away much of the stress involved in making an application and guide you through your responsibilities and obligations as a Deputy.
The first decision we will help you with is whether you are making the application on your own or jointly with another family member or a professional Deputy. For example, a private client solicitor or accountant. If you decide that you want to share the responsibility of acting as Deputy, you can either act jointly together or jointly and severally so the 2 Deputies can make decisions independently of one another.
Another preliminary decision is whether you will need to ask the Court of Protection to give you the power to act as a Deputy in financial matters or health and welfare or both. Whatever type of Deputyship you apply for, the Court will want to have information about you to satisfy itself that you will act in the best interests of the person on whose behalf you are making financial or health and welfare decisions.
Submitting a Deputyship Application
To apply to become a deputy, you need to submit several forms to the Court of Protection. The forms require you to detail the circumstances of the person with dementia as well as provide an assessment of capacity completed by a medical professional. This is an essential requirement as the Court will not make a pre-emptive Deputy order even if the patient’s prognosis is that they are likely to lose their mental capacity in the short term.
As well as filling in forms about the person with dementia and about yourself you may also need to file a witness statement. Our Court of Protection solicitors can help you with the entire process from:
- Explaining the role of a Deputy
- Advising on whether more than one Deputy may be helpful
- Acting as a professional Deputy
- Obtaining an assessment of capacity
- Completing the Deputyship application process by filling in forms COP1, COP3 and your declaration COP4
- Preparing and filing a witness statement on your behalf if one is deemed necessary
- Notifying the prescribed people about the Deputyship application in accordance with the rules
- Advising you on the progress of your Deputyship application
- Explaining the role of the Office of the Public Guardian (OPG)
It can take several months to obtain a Deputy order from the Court of Protection. That’s why we recommend that wherever possible Lasting Powers of Attorney are completed whilst the person with dementia has mental capacity. If that isn’t possible, we will provide you with all the support and legal guidance you need during the Deputy application process.
Free Initial Telephone Discussion
To find out how we can assist, please call us on 0161 330 6821 or fill in our online form. Alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.
We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.