A Court of Protection Deputyship Application helps people if they are mentally incapable of making their own decisions.
A Deputyship order is necessary when someone lacks the mental capacity to manage their own affairs. A Deputyship Application to the Court should be made where someone has not previously made a Lasting Power of Attorney or, where Attorneys are unable or unwilling to act.
In these circumstances the Court will give the powers to someone to act on your behalf, this person is known as a ‘Deputy’.
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The Court of Protection has the ability to decide whether a person has the capacity to make a particular decision for themselves. If not, it can make declarations, decisions or orders on financial or welfare matters affecting people who lack the capacity to make such decisions.
The Court also appoints Deputies to make decisions for people lacking mental capacity where there is no valid LPA in place. The Court also has the power to remove Deputies or Attorneys who fail to carry out their duties.
Individuals who may need a Deputyship Order, include anyone over the age of 18 who lack mental capacity and do not have a valid LPA.
In addition, parents of a child with mental incapacity will need to make an application to the Court to become their child’s Deputy prior to their child reaching the age of 18.
The Court may also intervene in circumstances where an Attorney or a Deputy has died, is unwilling to act, has not acted in the best interests of the vulnerable adult or is deemed unsuitable.