Applying for Deputyship: What’s the Process?

When someone loses the capacity to make decisions for themselves, it can be an emotional and overwhelming time.

If there’s no lasting power of attorney (LPA) in place, you may need to apply for deputyship to legally manage their affairs. But what does the process actually involve?

In this post, we break down the application process.

1. Assess Capacity

Before applying, it must be confirmed that the person lacks capacity to make decisions. You’ll need a specific type of capacity assessment completed by a professional – usually a doctor, social worker, or psychiatrist.

2. Choose who will apply for Deputyship

You might want to apply for deputyship yourself, or with another person. This is called a “Lay Deputy”. We can send you guidance on what is required of a deputy to help you to decide. If you can’t decide, or there is no one to act, we can apply to be appointed as professional deputy.

If a lay deputy is to be appointed, we will send them our onboarding paperwork and ID checks to complete. This can be done remotely.

3. Complete our Questionnaire

We will send you a questionnaire to complete with all of the information we need to draft the application forms.

4. Complete the Forms

We will send you the draft application forms to check and sign.

5. Notify Interested Parties

We are required to inform the person you’re applying to act for, and anyone else with an interest (like close family). This gives others a chance to object if necessary. We must wait 14 days between sending the notifications and submitting the application.

6. Submit the Application

We will submit the application online and pay the application fee.

7. Court Review and Decision

The Court of Protection will review the application. If there are no objections and everything is in order, they’ll contact the deputy to arrange a surety bond (a type of insurance) and issue a court order appointing the deputy.

8. What Happens After You’re Appointed?

We will send you the order and our advice on the same.

You will be under the supervision of the Office of the Public Guardian, who will contact you to discuss your new role.

Final Thoughts

Deputyship is a serious legal responsibility, but it plays a vital role in protecting vulnerable individuals. While the process can seem complex, understanding each step and getting proper advice can make it far more manageable.

If you’re considering applying for deputyship, make sure to start gathering documents early and don’t hesitate to ask for help.

Need help applying for deputyship or understanding your options? Reach out to our team.