Deputyship Application: Things You Should Know

You need not be concerned if your loved one has lost some of their mental capacity and you are concerned about their ability to make decisions for themselves. It is always feasible to submit an application for deputyship to the Court of Protection, which would authorize you to make decisions on their behalf.

The procedure of acquiring the legal capacity to make decisions on behalf of another individual is known as deputyship. An application for a deputyship may only be submitted if the person for whom you wish to make decisions has lost mental capacity. A person who has lost mental capacity is not allowed to have a power of attorney that is either a pointed lasting power of attorney (LPA) or an enduring power of attorney (EPA).

It is crucial to remember that mental capacity refers to the capacity to both make and justify one’s own decisions. Therefore, in a circumstance where you lose mental capacity, an individual who meets the criteria of the application may apply to become your deputy and make decisions on your behalf.

How does the deputyship application expedition proceed, then? The application must first be submitted in order to make it to the Court of Protection. A minimum of four documents must be completed and a certificate from your physician is required to be included when submitting this application. The doctor’s certificate will serve as further evidence that the person in question is unable to make decisions for himself.

You must complete the necessary paperwork in order to submit a deputyship application if you want to make decisions on behalf of another person regarding their health and welfare or financial affairs. Therefore, it is in your best interest to collaborate with a counsel in order to ensure that the Court of Protection approves your deputyship application.

It is crucial to remember that a deputyship application can only be submitted if the person for whom you wish to make decisions has lost their mental capacity. Additionally, a person who has lost mental capacity is not allowed to possess a lasting power of attorney (LPA) or an enduring power of attorney (EPA) that has been authorized by a specialist.

A legal power of attorney (LPA) is a person you designate to make decisions on your behalf regarding your health and welfare or financial affairs in the event that you lose mental capacity. In contrast to a legal power of attorney (LPA), an individual may only petition to make decisions on your behalf after they have lost mental capacity.

On average, the application procedure for a deputy order from the Court of Protection takes between four and six months to complete. However, in specific circumstances, the application procedure to become a deputy may require a longer duration, contingent upon the circumstances.