You may know a family member, friend or neighbour who you think is having difficulties in making decisions about their finance and property or their personal welfare and you want to be able to help them make these decisions.
If they have not already set up an Enduring or Lasting Power of Attorney and are now incapable of doing so then an application needs to be made to the Court of Protection to appoint a Deputy to act on behalf of the person who lacks mental capacity.
The court can appoint a deputy to act and make decisions on behalf of a person who lacks capacity in relation to their property and financial affairs and /or personal welfare. The court order will set out who they appoint as the deputy and what decisions the deputy can and cannot make.
A deputy must be at least 18 years old and should have sufficient skills to take on the role. The applicant will be required to complete a deputy declaration to ensure they understand their responsibilities.
We offer a friendly, empathetic, and professional service, at fixed fee rates. If you would like any further information pertaining to a Court of Protection application please do not hesitate to contact us.
Making an Application
Before an application can be made medical evidence must be obtained to verify that the person does lack mental capacity to make decisions. There are also numerous forms to complete in respect of the assets and expenditure of the person who lacks mental capacity.
Wadsworths Solicitors can help appoint a Deputy to manage that person’s affairs. Our Trusts and Estates team will guide you through the process of appointing a Deputy and be there to guide you through the decisions that follow. If there is no suitable person to act as a Deputy, a member of the firm may accept a professional Deputyship.
The Court charges an application fee of £365. You will need to pay this twice if you’re applying to become both types of deputy. You will also need to pay £485 if the court decides your case needs a hearing.
The Deputy also has to take out a “security bond” to cover their actions as deputy and this too is payable annually. The bond is set by the Court; the more assets a person has, the higher the bond. It is likely that the bond will be at least £200.
The Court then charge an annual supervision fee which ranges depending on what level of supervision your deputyship needs. This can be £320 for general supervision or £35 for minimal supervision.
You will also need to pay a £100 assessment fee if you are a new deputy.
Solicitors are entitled to charge a fixed fee which is set by the Court.
(*Prices correct as at 7 September 2021)
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