If an individual lacks the capacity to make decisions for themselves and there is no valid Lasting Power of Attorney in place, the Court of Protection can appoint a Deputy, usually a family member, a close friend or a professional, to act in the best interests of the individual. The Court of Protection is a specialist court that helps those who do not have the capacity to manage their own affairs.
The concept of Deputyship is intended to protect vulnerable individuals and is closely linked to the Mental Capacity Act 2005
Similar to the Powers of Attorney model, there are two types of Deputyships:
- Deputyship for property and affairs;
- Deputyship for personal welfare
It is fair to say the application process is complex, particularly that covering personal welfare. It includes organising medical assessments to prove incapacity and the completion of the relevant Court of Protection forms within a specified timetable.
There are also some decisions, such as making a will, that can only be decided by the courts. If a standard will is made by someone who lacks capacity, it can be challenged by others on the grounds of lacking testamentary capacity. A will made on behalf of someone via the Court of Protection is called a “statutory will”.
If you recognise the need to provide protection to a vulnerable loved one, we can help by explaining the role and responsibilities of being a Deputy and guide you through the deputyship application process and other applications such as statutory wills.
