Application to be Deputy

If you a loved one is no longer able to make their own decisions in relation to their health, wellbeing, finances or property, then it might be time to step in to give your loved one much needed help and support. A person can lose the capacity to make their own decisions and manage their own affairs due to an illness or a condition, a stroke, an injury etc.

Power of Attorney

A person can use a Power of Attorney to appoint someone to make decisions for them and to manage their affairs should the time come when they are unable to do this for themselves. However, to make a Power of Attorney, a person must have mental capacity. Therefore, if your loved one has lost mental capacity, it is too late to use a Power of Attorney. In this situation, an application to the Court of Protection is likely to be needed.

The Court of Protection can do two things to help you and your loved one:

Make a specific decision on behalf of your loved one, for example about whether they need to move to a Care Home, dealing with a financial matter or whether they should undergo certain medical treatment;

Appoint a person (or more than one person), called a Deputy, to give that person the legal right to make important decisions for your loved one and to manage their affairs.

Court of Protection

You may decide to apply to the Court of Protection to become the Deputy yourself or you and your family may decide that a member of the family or a close friend is best suited to carry out this role. Alternatively, if you, a member of your family or a close friend do not want to take on this role or don’t feel able to, you can ask for a Solicitor to be appointed as the Deputy for your loved one. The Solicitor will work closely with the family to ensure the loved ones wishes are carried out, but the Solicitor’s duty will be to your loved one and the court.

It will be necessary to submit an application to the Court of Protection to appoint a Deputy and this application must be supported by medical evidence to confirm your loved one’s mental capacity.

The Court of Protection will appoint the Deputy (or Deputies) to make all necessary ongoing decisions for your loved one in relation to their health, wellbeing, property and finances and to manage their affairs. The Deputy must provide an annual report to the Court of Protection to confirm what has been done on your loved one’s behalf.

Disputing Deputy Decisions

Sometimes, you may not agree with the decisions or actions of the Deputy or you may object to the actual appointment of the Deputy. It is possible to apply to the Court of Protection to contest the Deputy’s decisions or appointment.

If you have concerns about a loved one and their ability to make decisions or to manage their affairs, please contact one of our friendly team to discuss the situation, ask us any questions you may have and to find out how we can help you. Our aim will be to protect the rights and interests of your loved one and to help you, in any way we can, deal with an upsetting and complex situation. We can help you with an application to the Court of Protection or by becoming a Deputy for your loved one or by contesting the appointment and/or decision of your loved ones Deputy.

Call us today on 0161 749 9000 or click here to request a call back for a free, initial chat with one of our friendly team about the Court of Protection and how we can help you.

Our costs for dealing with the Court of Protection are set out in our costs section.