Deputyship

What does Deputyship do?

Anyone aged 18 or above can apply to the court of protection to be appointed as a relative’s deputy, but it can be a difficult and demanding role, which is why a professional deputyship is often a better option.

Deputyships are put in place when someone loses the capacity to look after their own affairs, and does not have a power of attorney registered. The appointment of a deputy will need to be approved by the Court of Protection.

Duties of a Deputy

The deputy will have the authority to make both financial and welfare decisions on behalf on someone, though sometimes a separate deputy will be appointed for each.

A deputy has full responsibility for the following:

• Financial affairs

• Managing investments

• Tax affairs

• Budgeting for the future

• Maintaining their eligibility for claiming benefits

• Making decisions around healthcare

• Making decisions around daily routine.

Why is a professional Deputyship recommended?

The position of a deputy is a huge responsibility, and can be overwhelming, time-consuming, and involve a great deal of work.

While it may seem easy to be in charge of someone’s day-to-day affairs, managing the businesses of someone who lacks mental capacity can automatically become much more complex and demanding.

If the case involves a large compensation, the court will insist on a professional deputyship. If a person’s lack of capacity is a result of a severe accident, the deputy will also have the responsibility of working alongside a litigation solicitor in order to claim PI compensation and ensure the award is managed efficiently and in the recipient’s best interests.

If an incapacitated child is the person needing deputyship, the demands can be higher, and often require emotional decisions to be made regarding their care.

If you are thinking about applying for appointment of deputyship, or would like to discuss the possibility of professional deputyship for a loved one, get in touch with us today. Our professional and compassionate solicitors will work with you to establish your needs.