Areas of Practice
Deputyship » Introduction
As experienced specialist Mental Health Solicitors whom have Solicitors who are members of the Law Society Mental Health Panel, we are able to provide advice in respect of all Mental Health Law issues from Mental Health Tribunal's to Court of Protection Deputy Applications.
What is a Deputy?
A Deputy is someone appointed by the Court of Protection to make decisions for someone who is unable to do so on their own. Whether a person is deemed to have capacity to deal with their affairs or not is a matter that is referred to in the Mental Capacity Act. If a person is capable of dealing with their own affairs the Court will not entertain granting a Deputy Application, in these circumstances a Lasting Power of Attorney may be considered by a Willing Donor.
Who may make a Deputy Application?
Often family members make Deputy Applications to be able to deal with a loved ones affairs. Deputies may also be professionals, Mental Health Law Solicitors are often appointed as are Local Authorities. Please note this is not an exhaustive list of whom may apply.
Before considering making an application you should make enquirers to ascertain whether the person whom lacks capacity appointed an Attorney (Through a valid Lasting Power of Attorney or Enduring Power of Attorney) to deal with their affairs in the event they lacked capacity to do so. It could be the case that an Attorney exists however the Donor did grant them the power to deal with the particular matter that requires addressing.
Types of Deputies
There are 2 types of deputies:
- those who look after property and financial affairs
- those who look after a person’s health and welfare
There can be more than 1 person appointed as deputy to each type.
How Long does a Deputy Application take?
Where an application is not contested they are often concluded in around 4 months. However applications can take a year or more.
If The Court of Protection grants my Deputyship Application what are my Powers?
The Deputyship Order will specify what a deputy can and cannot do after considering what the applicant has specifically applied for as compared to the needs of the person who lacks capacity. Deputies must also have regard to the Mental Capacity Act 2005 Code of Practice when taking any action as Deputy.
A Lasting Power of Attorney may be revoked by the Court of Protection in order to facilitate the appointment of a Deputy where the Attorney has mismanaged the Donors financial affairs (Re Harcourt).
If you would like to discuss instructing us to make an application on your behalf, require further information or wish to challenge an application please contact us on 02920 263800.
We are able to travel to clients based anywhere in Wales and the South of England and can see clients at our offices in:
Cardiff (Cardiff Gate Head Office CF23 8RU and Llanishen), Sennybridge,
Swansea (Princess Way,SA1 3LW)
Gloucester (North Warehouse,Gloucester Docks Gloucester, GL1 2EP)
Bristol (1 Friary, Temple Quay, BS1 6EA)