Deputyship
Deputyship applications.
If a person were to lose mental capacity to make their own decisions, they may have made a lasting power of attorney (LPA) in advance, authorising trusted individuals (called attorneys) to act on their behalf.
However, sometimes individuals choose not to make an LPA or are prevented from making an LPA – perhaps due to sudden and unexpected incapacity, such as an accident. Sometimes it is simply a case of running out of time. In any event, LPAs can only be created by those with the requisite mental capacity.
Where there is no LPA and an individual needs assistance to manage their affairs, the only option is to apply to the Court of Protection (CoP) for a ‘Deputyship Order’. This is a court order which gives a ‘deputy’ the power to make decisions for the benefit of the person who has lost mental capacity (called the ‘patient’).
If you are concerned about an individual who appears to have lost capacity to manage their own affairs, please contact us to see how we can help. We will be happy to answer any queries and explain the Court application process and likely timescales for an application.
We work on a fixed fee basis.
As with all our work, we will agree a fixed fee for deputyship applications at the outset, and our fee will not change unless there is a material change to the application. Our fees for deputyship applications start from £1,000 plus VAT.
In addition to our fees there will be court fee payable of £408 (no VAT) and it is likely that medical costs will be incurred in connection with an assessment of the capacity of the patient.
