Deputyship is a legally defined role which can be applied for through the Court of Protection. Deputyship solicitors are skilled in giving advice on the processes involved and how to achieve the status of ‘deputy’.

Applying for deputyship over someone happens when that person is judged not to have the mental capacity to make decisions. Having this role means that you have control over things like the property of that person and over the decisions relating to their personal welfare. You can only be granted deputyship through a court order from the Court of Protection, who are there to safeguard the individual.

Is there a difference between deputyship and Lasting Power of Attorney?

Yes. Lasting Power of Attorney is decided by the person concerned before they lose the capacity to make decisions. Deputyship is applied for after the person has lost capacity. Deputyship member solicitors from Simply.Law will be able to guide you through the procedure involved, including giving specific advice on the Mental Capacity Act 2005.

Can anyone apply to be a deputy?

As long as you are over 18 and have an appropriate relationship to the person concerned, then you can apply to be their deputy. Things like criminal convictions or bankruptcy may affect the Court’s decision.

Solicitors can also take on the role of deputy and, if necessary, the Court of Protection can appoint a ‘panel deputy’ from an approved list of solicitors and charities.

What would I have to do?

Depending on the type of deputyship that you been assigned, you would have responsibility for looking after the property or estate of the person concerned and/or managing their personal welfare.

If you wish to apply to be a deputy or have any questions regarding what it entails, contact Simply.Law today. Our specialist member deputyship solicitors can advise you on how to protect the interests of your loved ones.