Lasting Powers of Attorneys (LPAs) are put in place to give the power to someone, who is usually a friend or relative, to make decisions for your Health and Welfare or Finance and Property on your behalf in the event that you lose capacity or are otherwise unable to make decisions for yourself. However, if you don’t have the capacity to appoint someone with Lasting Powers of Attorney, it is possible for someone to still help make these decisions on your behalf. If someone makes an application to make decisions on your behalf, they can be made your Deputy. Although it is usually a close friend or relative, it is also possible for this person to be a professional. This article explores Deputyship and how you can be appointed as a Deputy.
A Deputy, as stated above, is someone who makes decisions on behalf of another who is unable to make decisions for themselves. The deputyship application is made to the Court of Protection, who make the decision on whether the applicant can be appointed as Deputy. If they decide that the application is successful and there is no LPA in place, the Court of Protection will pass an order granting the person Deputyship, providing them the ability to act on your behalf and manage your affairs. Deputyships are more likely to be for Finances as the Court is hesitant to make Welfare Deputyship Orders unless there is a strong reason to, such as the Person to whom the application relates is in immediate danger.
Types of Deputyship
There are two different types of Deputy that can be appointed based on circumstances and requirements:
- A Property and Financial Affairs Deputy is a Deputy responsible for your financial affairs, including but not limited to paying bills.
- A Personal Welfare Deputy is a Deputy who is responsible for decisions related to your wellbeing, including medical treatment and how you should be cared for.
Fees for making the Application
When making the application, the Deputy must pay court fees, however they must also pay annual fees after their appointment on March 31st. At the current rate, the cost of applying is £371. When the application is made, the Court is able to make a decision on whether the Deputyship Order should be decided by a hearing, in which case the applicant is required to pay an additional £494.
Fees are also required to be paid should the application be successful, which is dependent on the level of supervision the deputyship requires. The fee for general supervision is currently £320, with the fee for minimal supervision being £35. The minimal supervision fee also applies to Property and Financial Affairs Deputies when the sum that they are managing is below £21,000.
If the applicant is acting as a Deputy for the first time, an additional £100 assessment fee is added.
To find further help in making an application, or for more information on the fees involved, it is all available on the Government’s website www.gov.uk/become-deputy/fees.
