Deputyship
A Deputyship Order is a formal Court Order made by the Court of Protection, which appoints a Deputy to manage the affairs of someone who lacks the mental capacity to manage their own affairs. As with LPAs there are two different types i.e., Property & Finance and Personal Welfare. It is possible for a person to have two or more deputies and the Court will guide you as to how decisions will be made if you are not the only Deputy.
To apply to become a Deputy an application will need to be made and submitted to the Court of Protection. Once forms are submitted, the Court of Protection will then assess suitability and will ask friends/family to confirm this. They may also request more formal confirmation in the way of a statement from your GP, social worker (if applicable) or other professional involved with the care of the person who has lost capacity.
Generally, the process for applying for a Deputyship Order is lengthy but there are occasions where an emergency application can be made, and we would be happy to discuss this with you to see whether an emergency application is appropriate.
Once a Deputyship Order is granted the Office of Public Guardian will supervise and there are two types of supervision:
General: all new deputies will be place under general supervision in the first year because they may need more support.
Minimal: If the assets of the person with dementia are below a set limit and there are no concerns about the deputy they will be placed under minimal supervision.
There are occasions where Legal Aid is available for Deputyship Orders involving welfare and we would welcome a discussion to establish the position.
Need to apply for a Deputyship Order, how do you proceed?
You should make an appointment to see us where you will be guided through the process as each case is different and you will need specific advice. You should bring with you the relevant ID for our file. We are happy to visit you at home if you are unable to travel or access our offices.
If you proceed with a Deputyship Order the relevant fees are:
£385 Court fee per application i.e., £385 for Health & Welfare and £385 for Property & Finance £485 Court Hearing fee (this is not necessary in all cases and will be at the discretion of the Court who will ultimately decide)
£1000 plus VAT (£1200) legal fees payable to us for a single application
£1800 plus VAT (£2160) legal fees payable to us to make both applications
Ongoing fees to the Court: £325 if you require general supervision (always required for the first year) and £35 for minimal supervision. You will also need to pay £100 for an assessment fee if you are a new Deputy.
You will also be required to pay a security bond if you are appointed as a Deputy relating to property and financial matters. The level of bond will depend on the value of the assets you are managing and how much of the person's estate you are dealing with for them. The security bond is a type of insurance designed to protect the assets of the person lacking capacity. It is paid to a third-party company appointed by the Court.
There are concessions in respect of the Court fees which are assessed on a means-tested basis, we can discuss this with you at our initial appointment.