Deputyship application solicitors near you.
Quite often, people will contact our team of Wills, Trusts and Probate Solicitors and ask whether they can make a Lasting Power of Attorney on behalf of their loved one, as they no longer have capacity. Unfortunately, if a person has already lost capacity, this is not possible. A Lasting Power of Attorney needs to be made by the Donor themselves, and not on their behalf.
So, if a person no longer has capacity, their family or loved ones may be able to make an application to the Court of Protection to be appointed as their Deputy for Financial Decisions, Health and Welfare decisions, or for both.
Who can apply to be appointed as Deputy?
Anyone who is over the age of 18 and who has mental capacity themselves can apply to be appointed as a person’s Deputy. Generally, it will be family or friends of the person who has lost capacity; however, this is not always the case. Sometimes, a professional may apply, such as the Local Authority.
What law governs Deputyship Applications?
Under the Mental Capacity Act 2005, Deputies must comply with the five statutory principles when they are acting on behalf of another person:
Every adult has the right to make their own decisions, and must be deemed to have capacity unless it is proven otherwise.
Every person must be given all the possible help they can before they can be considered as unable to make decisions themselves.
Every person has the right to make decisions, even if others would consider these unwise or eccentric.
Deputies must make all decisions and carry out all acts for or on behalf of a person who lacks capacity with their ‘best interests’ in mind.
Deputies must carry out all acts and make all decisions that are the least restrictive of the person’s basic rights and freedoms.
Essentially, Deputies are acting as though they are the person who has lost capacity, and therefore they are under a duty to apply the highest possible standard of care when they make decisions. Generally, most people would say that once they have been appointed as a Deputy, this isn’t too difficult, as they believe that they know what the person would have wanted.
How much will an application to be appointed as a Deputy cost?
If you require the assistance of our Wills, Trusts and Probate Solicitors, our fees are usually in the region of £900.00 plus VAT*.
There will be an application fee, payable to the Court of Protection, of £365.00*. This will be payable for every type of application that you want to make (i.e. financial deputy or health and welfare deputy).
You may also need to pay a medical report fee to ascertain that the person who the application is about does not have the required mental capacity to make the decisions themselves. This can differ depending which area you live in, and your GP, however in our Wills, Trusts and Probate Solicitor’s experience, it is usually in the region of £75.00 to £200.00*. Generally, there is no VAT payable on these fees.
In addition, if the Court decides that your application requires a hearing to be held, there will be an additional fee of £485.00* payable to the Court of Protection.
*All fees quoted are correct as of 27 May 2020.