What is deputyship?
A deputyship order allows a person who has been appointed by the Court of Protection to make decisions on behalf of someone who has lost capacity to make decisions for themselves, where there is not a lasting power of attorney in place. We strongly recommend taking legal advice from a specialist deputyship lawyer before making a deputyship application.
What is the difference between deputyship and a lasting power of attorney?
A lasting power of attorney (LPA) is a document that an individual prepares whilst they have ‘mental capacity’, in other words – while they are still capable of making decisions for themselves. An LPA allows the individual to appoint others to help them make decisions or to make decisions on their behalf.
If someone loses capacity and they do not have a lasting power of attorney, a deputy may be appointed on their behalf. Having an LPA in place allows you to choose who will be responsible for managing your affairs when you are no longer able. This may be different to the person the Court would appoint.
Who can be a deputy?
Anyone over the age of 18 can make a deputyship application. A deputy is usually a friend or relative. In some circumstances it may be a professional such as a solicitor or accountant, or a Court appointed deputy.
How do I make a deputyship application?
The process of applying for deputyship is complicated. If you are considering applying for a deputyship order, we offer a free initial consultation with a deputyship lawyer to discuss your circumstances.
If you appoint us to deal with your deputyship application, a named lawyer will deal with your case from start to finish, and a member of the team will always be available to speak to on a day-to-day basis.
Contact us for a quote or to book your free consultation meeting.
Including a business in your will Most people will be aware of the need to have a will for their personal affairs, but may not have thought about business wills. Business owners should give thought to their business assets at the same time as any personal matters....
Business LPAs Setting up and running a business can be hard work, and often doesn’t leave much time to think about yourself. But have you thought of what might happen if you are no longer able to make decisions for your company? It can be a good idea to have a Lasting...
Small business succession planning Many small business owners only consider succession planning when they are approaching retirement, or have already made the decision to leave the business. But life is full of unexpected events, good and bad, and having a well...
Who inherits if there is no will? It is estimated that as many as 30 million people across the UK do not have a will. Losing somebody close to you is a difficult enough time for anybody, but if that person dies without leaving a will, it can cause additional distress...