Sometimes, personal injury victims are unable to manage their personal affairs. Whether it’s as a result of a brain injury, dementia or another condition, in such cases, it’s important to make sure their financial and personal matters are taken care of in the right way — that’s where deputyship comes in.
But what is deputyship? This legal solution ensures that someone else can make the important decisions on behalf of the person that lacks the mental capacity to make those decisions themselves. In this guide, we’ll explore the intricacies of deputyship, who can take on the role, the role of the court, and more.
What is deputyship?
Deputyship is an arrangement appointed by the Court of Protection to make decisions for someone who is unable to make them. This becomes a legal necessity if this person doesn’t have a Lasting Power of Attorney (LPA).
The Court of Protection will appoint a deputy, who is trusted to manage the individual’s affairs. The deputy could be a family member, friend or professional, like a solicitor or accountant, and they will be responsible for making important decisions on behalf of the person.
The two types of deputyship
There are two main types of deputyship orders. Let’s explore both:
- Property and financial affairs deputyship
This is when the deputy is given responsibility over the incapacitated person’s money, property, bills, pension and other financial assets.
- Personal welfare deputyship
This is when the deputy is given responsibility over the incapacitated person’s health, care and medical treatment.
Both categories of deputyship require the person stepping into the role of deputy to submit an annual report to the Office of Public Guardians (OPG) to ensure you are properly managing the person’s affairs.
Who can be a deputy?
The people that can typically become deputies are close family members or friends that are over 18 years old and have all their mental faculties. However, if there are no available family or friends, a judge can allocate a deputyship to a legal professional like an accountant or solicitor.
It’s up to a judge to ensure the elected deputy is properly suited to the role, has the right skills and is committed to it — a Property and Financial Affairs Deputy should have a good understanding of financial matters for example.
Also, if needs be, a court can appoint more than one deputy. This might result in a:
- Joint deputyship — where both parties must agree on decisions.
- Jointly and severally deputyship — where both parties can make decisions independently.
Roles and responsibilities of a deputy
There are all sorts of responsibilities that come with being someone’s deputy. Here are a few of the most important roles in the position:
- You must always act in the best interest of the person you represent.
- You must manage the person you represent’s financial affairs and property, like paying bills or overseeing investments.
- You must make decisions about the person you represent’s health and welfare, like approving medical treatments or deciding on care arrangements.
- You must keep records of all decisions and financial transactions for when you submit your annual report to the OPG.
- You must ask permission from the Court of Protection if a decision goes beyond your regular responsibilities, like making a gift or selling property.
Deputyship restrictions
Though there are a lot of responsibilities involved with deputyship over another person, there are also a fair share of restrictions involved too — this is to prevent those who would take advantage of the arrangement from doing so:
- You must not restrain the person, except to prevent harm.
- You must not stop life-sustaining medical treatment.
- You must not take advantage of the person you are responsible for.
- You must not make or change the will of the person you are responsible for.
- You must not hold any money or property belonging to the person you’re responsible for in your own name.
Applying for a deputyship
If you have someone who has lost their ability to manage their personal affairs and are looking to apply for a deputyship, you have to apply through the Court of Protection and let them know whether you’re applying for Property and Financial Affairs or Personal Welfare — or both.
This process can be done online or by contacting the Court of Protection directly. Either way, you’ll have to provide documents to help the court understand the situation and determine whether a deputyship is needed.
If you want to know whether or not you meet the requirements for deputyship, take a look at this guide on the Government website.
Deputyship fees
These are the usual fees associated with becoming someone’s deputy:
Application fee: £408 for one type of deputyship.
Application fee: £816 for both types of deputyships.
Court hearing fee: £494 if a hearing is needed.
Annual supervision fee: £35-£320 depending on the level of supervision needed.
Assessment fee: £100 if you are a new deputy.
How Injury Lawyers 4U can help you
By getting in touch with Injury Lawyers 4U, we’ll help you along the way to your journey to Lasting Power of Attorney or Deputyship and beyond. Our team is experienced with both roads and can help throughout the process — so if a loved one needs a deputy, we can assist you.. Contact us to find out more or to arrange for a free consultation with one of our expert lawyers.
Frequently asked questions
How long does it take to get a deputyship?
It will usually take between four and six months for the process to be completed. However, delays can occur if there are objections or extra information is needed — which can extend the timeframe to between nine and twelve months.
Can a Deputyship be revoked or changed?
A Deputyship can be changed if the person you are responsible for regains mental capacity, or you are unable to continue in the role. If there’s mismanagement or other issues, the court can also remove you and appoint a replacement.
What happens if the Deputy does not act in the person’s best interests?
As a deputy, if you don’t act responsibly, the Office of the Public Guardian can step in — the court might investigate, restrict your powers, or replace you if need be.
What happens to a deputyship when someone dies?
If the person you are responsible for as deputy dies, the deputyship will automatically end. When this happens, you must notify the OPG and the Court of Protection and provide a final report on the person’s financial affairs. You can use the individual’s estate funds to cover any final expenses, like funeral costs.
Personal injury trust or deputyship?
The difference between a Personal Injury Trust and a deputyship is that an injured person might set up a Personal Injury Trust if they still have mental capacity. This allows them more control over their money, while protecting their eligibility for benefits. A deputyship is for people who have fully lost mental capacity.
Lasting power of attorney or deputyship?
Lasting Power of Attorney allows an injured or aging person to appoint a trusted individual to make decisions on their behalf before they lose capacity. A deputyship, however, is set up when someone has already lost mental capacity.