Appointment of a Deputy by the Court of Protection
If a person has not made a Lasting Power of Attorney or an Enduring Power of Attorney before 1 October 2007 and that person becomes mentally incapable of managing their financial affairs, something may have to be done.
The Court of Protection deals with legal matters for vulnerable people and people who don’t have mental capacity. They can appoint someone to act in a person’s best interests as their deputy.
Although there are similarities between attorneys and deputies, the deputyship application process is longer and more costly than applying for a Lasting Power of Attorney. In addition, the deputy must comply with extensive reporting obligations to the Office of the Public Guardian on an ongoing basis.
A person can become someone’s deputy for property and financial affairs, or health and welfare, although the latter is rarer.
You can read more about deputyships here.
Next steps
To talk to one of our team about applying for a deputyship order please email @email or call us on 0113 320 5000.
NB: timescales and fees are subject to change – please ask for details.
A Lasting Power of Attorney (LPA) is a legal document which allows a person (the donor) to appoint someone or more than one person they trust (attorneys) to make decisions for them when they no longer have the mental capacity to make the decisions themselves. An LPA has to be made while the donor still has the mental capacity to give their consent to it.
No. Your family will have no access to your bank accounts and cannot sell your property unless they make an application to the Court of Protection for a deputyship order, which is a costly and lengthy process.