Understanding Deputyship Applications and the Importance of Lasting Power of Attorney (LPA)

Applying for Deputyship: What You Need to Know

Deputyship is a legal mechanism that allows a person to manage the affairs of another who has lost mental capacity and did not appoint anyone through a Lasting Power of Attorney (LPA). This process is overseen by the Court of Protection and the Office of the Public Guardian (OPG). Deputyship ensures that vulnerable individuals’ finances and welfare decisions are handled appropriately when they cannot make those decisions themselves.

Why Deputyship Is Necessary

Applying for deputyship becomes crucial when an individual loses the capacity to make decisions about their financial, property, health, or welfare matters, and no LPA has been set up in advance. The Court of Protection appoints deputies to step in and manage these areas, ensuring the person’s needs are met, and their best interests are protected.

Another Reason to Have an LPA in Place

While deputyship provides a safety net, it is far more beneficial to have LPAs in place before losing capacity. LPAs allow individuals to choose trusted persons to make decisions on their behalf, avoiding the lengthy, costly, and often intrusive court process associated with deputyship. Without an LPA, families are left with no choice but to apply for deputyship, which can take several months to secure.

Costs and Timescales of Applying for Deputyship

Applying for deputyship involves several steps and costs, including court fees, legal fees, and ongoing supervision fees paid to the OPG. As of 2024, the court application fee is £408 per application, although this can be reduced or waived depending on the individual’s financial circumstances.

The process of applying for deputyship can be time-consuming, often taking between six to twelve months from application to order being granted, depending on the complexity of the case and any objections raised. This lengthy timescale can cause significant delays in managing the individual’s affairs, highlighting the advantage of setting up an LPA in advance.

The Role of the OPG and the Court of Protection

Once a deputyship order is granted, deputies are under the strict supervision of the OPG. The OPG ensures that deputies adhere to the responsibilities outlined in the court order and act in the best interests of the person lacking capacity. Deputies are required to submit annual reports detailing their actions, decisions, and how funds have been managed.

The Court of Protection has the power to intervene if there are concerns about a deputy’s conduct, including removing a deputy or imposing further restrictions. This oversight ensures that the vulnerable person’s rights and welfare are continuously safeguarded.

Conclusion

Applying for deputyship is a vital process when someone loses capacity without an LPA in place. However, it is a time-consuming and costly procedure that underscores the importance of planning ahead. By setting up LPAs, individuals can ensure that their affairs will be managed by trusted persons of their choice, without court intervention, should they lose capacity in the future.

For more information or assistance in applying for deputyship or setting up an LPA, please contact Conwy Wills and Trusts. Our expert team is here to guide you through the process with compassion and professionalism.