Q. What is a Deputyship Order?

A. A Deputyship Order is an Order made by the Court of Protection when an individual lacks capacity to deal with their own property and financial affairs or health and welfare decisions. They are usually applied for when no Lasting Power of Attorney has been made.

A friend or family member of the individual can make an application to the Court of Protection to be appointed as the Deputy or a professional Deputy, e.g. a solicitor, can be appointed. The Deputy has a duty to comply with the principles of the Mental Capacity Act 2005 and has to submit an annual report to the Court of Protection in respect of monies spent and the decisions made throughout the year.

If you think that you know someone who could possibly benefit from a Deputyship Order or would like to know more about the Deputyship process, feel free to contact one of our experienced Court of Protection lawyers.