If a person lacks capacity to make decisions for themselves and they haven’t made a power of attorney it can become necessary for someone to be appointed to act on their behalf. A person may lack capacity to make their own decisions for a number of reasons, perhaps because they have learning disabilities or due to illness or injury. In these circumstances an application can be made to the Court of Protection for someone to be appointed as the person’s deputy. If you are appointed as a deputy by the Court of Protection this will enable you to make decisions on that person’s behalf.
There are two types of deputy:
- Property and financial affairs (e.g. paying bills, dealing with bank accounts, selling property etc.).
- Personal welfare (e.g. making decisions about care or medical treatment that a person requires).
How do I apply to become a deputy?
You will need to check that you are eligible to act as a deputy. If you are then an application will need to be made to the Court of Protection. The Court requires certain information to be submitted for them to consider the application and decide whether to appoint you as the person’s deputy. If you are appointed the Court will provide guidance on what decisions you are able to make. You may be required to provide an annual report to the Court.
- Advise on whether an application for a deputy to be appointed is necessary.
- Guide you through the Court process.
- Complete the application on your behalf.
- Liaise with the Court.
- Assist in completing any annual reports to the Court.