Legal News | 4.05.23
Order, order!
A deputyship order is an order issued by the Court of Protection allowing an applicant (called the ‘deputy’) to make decisions on another person’s behalf if that individual lacks the mental capacity to make those decisions for themselves. A deputyship order is required if an individual has lost mental capacity and has not previously signed an Enduring or Lasting Power of Attorney; this might be the case if someone has dementia or suffers a serious brain injury or illness. An individual could also lack mental capacity because they have severe learning disabilities.
If a deputyship order is issued, the deputy is then authorised by the Court of Protection to make decisions on the individual’s behalf.
As part of the application to the Court of Protection, the applicant deputy must notify not only the individual concerned but also a selection of people who know the individual affected by the application. From January 2023, a new upfront notification procedure must be followed for all property and affairs deputyship applications. This means that applicants must notify before submitting the application to the Court of Protection (previously the relevant parties were notified after the application).
The applicant must now file the application with the Court of Protection once they have notified the parties and received each acknowledgement or have waited for 14 days. This should, in theory reduce the time that it takes to obtain a deputyship order.
The process can be complex and time consuming; we at Wansbroughs have experience of the process and can help you navigate your way through. If you would like help or advice, please get in touch with your usual contact or email us at wealth@wansbroughs.com.
