Seeing a loved one lose capacity can be difficult, and naturally you will want to do everything you can to care for them. Making sure your loved one is supported is crucial but knowing where to find the right support can be tough. One option is to apply for Deputyship and this guide will tell you more about how it works, how to apply and what it means for you and your loved ones.
What is a Court of Protection Order and how does it work?
A Court of Protection Deputyship Order appoints a Deputy to make decisions for someone who does not have the capacity to make decisions themselves. This is a court order provided to help protect the individual and improve their quality of life.
Examples of those who lack mental capacity can include:
- Those with a serious brain injury or illness that affects their cognition
- Those with a form of dementia
- Those who have severe learning disabilities
When it is deemed that an individual cannot maintain or manage their own property or financial matters, a Deputy will be appointed by the court to assist with financial affairs, such as handling money, paying bills and maintaining a property.
How do I apply to the Court of Protection?
To start this application process, you must complete a form, which must be supported by:
- An assessment of capacity form
- A Deputy’s declaration
- A supporting information form
You can find these forms on the Government website or through your solicitor.
In order to process the application, the person you wish to support must know you are applying to become Deputy, as well as others close to them – this could be relatives, friends or their GP. The Court will ask to see proof that you have done this, so consider contacting them in writing.
Need help with your application? Give us a call or make an enquiry today.
What is a Deputy and who can become one?
An appointed Deputy is most often a trusted and close family member. However, anyone that meets the below requirements can apply:
- Be at least 18 years of age
- Have mental capacity themselves
- Meet the requirements of the COP4 Deputy Declaration
A solicitor will review your information; however, they may suggest a Professional Deputy is best suited for your loved one. By making an enquiry we can advise you further on this.
If there is no one willing or able to act as Deputy for the protected party, a panel Deputy may be appointed by the Court instead. These are professionals, typically solicitors, appointed by the Office of the Public Guardian and are listed on the Government website.
The court can appoint more than one Deputy to perform different duties for the protected party. One to handle personal welfare and the other to make decisions about their property and financial affairs.
What can I do as a Deputy?
Once you have been appointed as Deputy, you will receive a court order setting out the extent of your authority in the protected parties life. When your role as Deputy is in place, you must send a Deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made, and include a financial record of the money that has entered or left their account over the course of that year.
Some of the roles you may have as Deputy include:
- Paying bills and making bank transfers
- Managing direct debits, standing orders or any other form of regular payment
- Selling property (subject to authority either within the order or to be obtained) or managing mortgage payments)
How long until I receive a Court of Protection Order?
In most cases, approval of an application takes six to nine months.
If the application is straightforward, it is mostly dealt with on paper and the applicant will not need to attend a hearing.
If someone objects to the application, then it becomes contested, and the court will need to reach a decision on the best way of dealing with each affected party fairly and proportionately.
On average, applications which involve a dispute can take up to twelve months to resolve before issuing a Court of Protection Order.
How long will I have the Order for?
It is down to the Court to decide how long the Order will last based on the evidence used to support the application. The Order may last for the the individual’s lifetime, or if medical information suggests that the protected party may regain mental capacity, then a set time will be placed on the Order.
Call today and speak to a member of our Court of Protection team
If you would like us to provide more information and see how Bromley’s may be able to help make this process easier, please give us a call or make an enquiry.