When a relative or family friend is first diagnosed with Alzheimers it is a devastating time. They may want to take time to process the diagnosis before asking for support from friends and family. If they have lost mental capacity, they can’t sign a Lasting Power of Attorney, but you have the option of applying for Deputyship to help them.
Our Court of Protection team explains what Deputyship is and how it works. Our specialist solicitors can help you with a Deputyship application to the Court of Protection.
Free Initial Telephone Discussion
To find out how we can assist, please call us on 0161 330 6821 or fill in our online form. Alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.
We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.
What is a Deputy?
The UK legal version of a Deputy is a person appointed by the Court of Protection to make property and affairs or health and welfare decisions on behalf of a person who lacks the capacity to make those decisions on their own behalf.
Who can be a Deputy?
You can apply to be a Deputy if you are over 18. You do not need to be the person’s closest next of kin, but you will need to be able to show to the Court of Protection that you are a suitable person.
You can be appointed as a sole Deputy or jointly with another person/s. Joint Deputies can either be appointed jointly and severally enabling them to make decisions on the person’s behalf separately from each other or jointly. If you are appointed jointly with another Deputy, you can only make decisions on the person’s behalf together.
Deputyship or Lasting Power of Attorney
If the vulnerable person has a valid Power of Attorney, then you do not need to apply for Deputyship. If the person with Alzheimers has mental capacity it is best to arrange for them to sign a property and affairs and a health and welfare Lasting Power of Attorney whilst they have the capacity to do so. If you would like help with preparing the Lasting Power of Attorney application forms or advice on your role as an Attorney, our specialists can help.
If the person you are seeking to protect no longer has the mental capacity to sign a Lasting Power of Attorney, or does not have both types of Lasting Power of Attorney in place, an application will need to be made to the Court of Protection for the appointment of a Deputy. To avoid the need for a court application it is prudent to sort out both types of Lasting Power of Attorney, but we recognise that isn’t always possible.
We will support and guide you through the Deputy application process and make sure that you are aware of your obligations as a Deputy.
A Deputy’s Obligations
A Deputy is under an obligation to make authorised decisions on behalf of a person with Alzheimers that are in the person’s best interests and the decision that is the least restrictive of their rights and freedoms.
When making either financial or health and welfare decisions a Deputy should consider:
- The current views of the person with Alzheimers (if they can express them) and any historical wishes and feelings known to you
- The beliefs and values of the person you are helping and how their beliefs would impact their decision-making if they had the mental capacity to make their own decision
- The views of other relevant persons
Deputies are supervised by the Office of the Public Guardian (OPG). They are required to provide an annual report to the OPG. Our Court of Protection specialists can act as Deputies either jointly with you or individually. We can also help you understand your duties as a Deputy after we have secured your appointment through the application to the Court of Protection.
What Decisions Can a Deputy Make
The Court of Protection has the power to make decisions in relation to the property and affairs and the health and personal welfare of those who lack the mental capacity to make their own decisions. Alternatively, the Court can appoint a Deputy to do so.
A Deputy must act within the scope of the Court order and their powers. A financial Deputyship would normally allow a Deputy to make financial decisions on whether to sell or rent out the home of the person with Alzheimers, or on how best to pay household bills or sort out the person’s benefits, bank accounts or tax affairs.
Where a Deputy has been appointed to make welfare decisions on behalf of the person with Alzheimers, this means they can usually make decisions on medical treatment or the type of care package that best meets the person’s needs.
Questions About Deputyship
Deciding to apply to be a Deputy can be a daunting step. You are bound to have questions about your role and the application process. Our specialist solicitors can support you by answering all your questions and guiding you through the Court of Protection application process.
Free Initial Telephone Discussion
To find out how we can assist, please call us on 0161 330 6821 or fill in our online form. Alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.
We are located in Ashton-under-Lyne, Greater Manchester but we can assist wherever you are based.