If at all your loved one has lost mental capacity and you worry about them making decisions for themselves, fret not. You can always make an application to the Court of Protection for deputyship, allowing you to make decisions on their behalf.
Deputyship is merely when you get legal authority to make decisions on someone else’s behalf. You can only make a deputyship application when the person you want to make decisions for has lost mental capacity. More so, the person who has lost mental capacity can’t have an pointed lasting power of attorney (LPA) or enduring power of attorney (EPA).
Remember, mental capacity is when you have the mental ability to both make and communicate your own decisions. Therefore, in a circumstance where you lose mental capacity, someone who meets the application requirements can apply to become your deputy to make decisions on your behalf.
So, how does the deputyship application expedition happen? Well, you will first have to make the application to the Court of Protection. When making this application, you need to complete at least four forms and provide an accompanying doctor’s certificate. The doctor’s certificate will confirm that the person in question is incapable of making decisions for themselves.
The relevant forms that one needs to complete to make a deputyship application will depend on whether you want to make decisions on someone’s behalf pertaining health and welfare or financial affairs. As a result, it is beneficial to use a solicitor to ensure you have the best possible chance of the Court of Protection granting your deputyship application.
Keep in mind you can only make deputyship application when the person you want to make decisions for has lost mental capacity. Additionally, the person who has lost mental capacity can’t have an appointed lasting power of attorney (LPA) or enduring power of attorney (EPA).
As a quick reminder, an LPA is someone you appoint to make decisions on your behalf regarding health and welfare or financial affairs when you lose mental capacity. Unlike an LPA, someone else applies to make decisions on your behalf only when you lose mental capacity.
The process of applying for a deputy order from the Court of Protection, on average, takes around four to six months. But in some instances, an application to become a deputy can take longer depending on the circumstance.
