A Beginners Guide on Deputyship

If there is no enduring power of attorney, you will not naturally possess the authority to make decisions on behalf of a loved one in the event that they lose the capacity to make decisions for themselves due to a serious incident. Fortunately, there exists a feasible route to ultimately attain such authority, signifying a favorable development. A deputyship application has been submitted, to put it simply.

There is a common tendency among certain individuals to conflate deputyship with enduring power of attorney. Nonetheless, these two differ from each other in their respective methodologies. A deputyship may be required if a person does not have the capacity to make a durable power of attorney. In the event that the individual subsequently loses the capacity to do so, the document known as a lasting power of attorney grants the attorney appointed the authority to make decisions on behalf of another individual.

You should be informed that there are two distinct categories of deputyship. It is essential to recognize this. The authority conferred upon a deputy appointed to make decisions concerning P’s health, welfare, and property and financial matters may be subject to specific limitations. If you want to apply for both, you will need to make two separate applications.

After submitting the deputyship application, it is crucial to bear in mind that deputies are not authorized to make particular decisions on behalf of the person they are representing. Regardless of whether a deputy has the authority to oversee an individual’s property and financial matters and/or to make decisions regarding health and welfare, the deputy is not permitted to end life-sustaining treatment nor may the deputy determine the individual’s marital status or options for marriage and divorce.

In order to complete the application procedure for a deputyship, you must apply to the Court of Protection to make the decision to become a deputy for either health and welfare, property and financial matters, or both. The Court will only consider your deputyship application if it can be shown that the person lacks the capacity to make the necessary decisions and that a deputy must be appointed on their behalf.

This notification regarding the deputyship application will be dispatched to individuals who may hold an interest in the case of the person. Unless there are any objections, the procedure shall proceed without interruption. The individual acting as a deputy on behalf of another person may be ordered by the court to supply additional information concerning themselves. If there is insufficient evidence of a person’s capacity to make a decision, applicants may be required to collect additional information and present it before the court. The court will then have the power to impose sanctions on the deputyship application when this circumstance arises.