Discovering that a loved one has started to lose their mental capacity without having set up a Lasting Power of Attorney (LPA) can be a stressful and overwhelming situation. Without an LPA in place, you will not have the automatic legal right to make important financial or welfare decisions on their behalf. However, there is a legal route you can take: applying to the Court of Protection for a Deputyship Order.
The Role of the Court of Protection
The Court of Protection is a specialist court in England and Wales that makes decisions on behalf of individuals who lack mental capacity. This court has the power to appoint a deputy—usually a close family member or a professional—who will be legally responsible for making decisions on the incapacitated person’s behalf.
Applying for Deputyship
Applying for a deputyship order is a detailed legal process. Here are the key steps involved:
1. Determine the Type of Deputyship Required
The Court of Protection grants two types of deputyships:
– Property and Financial Affairs Deputyship: The deputy can manage bank accounts, pay bills, and make financial decisions.
– Personal Welfare Deputyship: Allows the deputy to make decisions regarding healthcare and personal welfare. However, these are granted less frequently unless there is a serious dispute.
2. Complete the Necessary Forms
Several forms need to be completed, including:
– Form COP1: The main application form.
– Form COP3: A medical assessment of the person's mental capacity, usually completed by a doctor or social worker.
– Form COP4: The deputy’s declaration, outlining their suitability for the role.
– Form COP1A (for financial deputyship) or COP1B (for personal welfare deputyship), depending on the type of order being sought
3. Notify the Relevant People
The applicant must inform at least three people who are closely involved in the person’s life about the application, such as relatives or close friends. This ensures transparency and allows others to raise any concerns.
4. Pay the Application Fee
As of 2024, the standard application fee is £371. If a court hearing is required, an additional fee of £494 may apply. Fee reductions or exemptions may be available for those on low incomes.
5. Court Review and Decision
The court will review the application and may request additional information or a hearing if necessary. If approved, a deputyship order will be granted, outlining the scope of the deputy’s powers..
How Long Does It Take?
The application process can take several months, typically around 4-6 months, depending on the complexity of the case. However, urgent applications for serious health or welfare matters may be expedited.
At Howard & Over, we understand how daunting it can be to navigate the Court of Protection process. Our experienced solicitors can guide you through every step, ensuring that your loved one’s best interests are protected. From completing the necessary paperwork to liaising with medical professionals and the court, we provide comprehensive legal support tailored to your situation.
To prevent similar challenges in the future, we strongly recommend arranging an LPA while capacity is still intact.
If you need assistance with a deputyship application or wish to set up an LPA, contact our team at Howard & Over today. We are here to provide expert legal guidance and support when you need it most.
