Deputyship FAQ: What You Need to Know

If there is no enduring power of attorney, you will not automatically have the authority to make decisions on behalf of a loved one should they lose the capacity to make decisions for themselves as a result of a severe incident. Fortunately, there is a viable pathway to ultimately acquire such authority, indicating a positive advancement. A deputyship application has been formally submitted, to put it simply.

There is a prevalent tendency among some individuals to confuse deputyship with enduring power of attorney. Nonetheless, these two differ from each other in their respective approaches. If a person lacks the capacity to make a durable power of attorney, then a deputyship may be necessary. In the event that the individual later loses the capacity to do so, the document known as a lasting power of attorney grants the authority to the appointed attorney to make decisions on behalf of another person.

You should be aware that there are two separate categories of deputyship. It is imperative to acknowledge this. The authority granted to a deputy appointed to make decisions regarding P’s health, welfare, and property and financial affairs may be subject to particular limitations. You will need to make two distinct applications if you want to apply for both.

It is essential to remember that deputies are not permitted to make specific decisions on behalf of the person they are representing after submitting the deputyship application. Regardless of whether a deputy has the authority to oversee an individual’s property and financial affairs and/or to make decisions regarding health and welfare, the deputy is not authorized to terminate life-sustaining treatment nor may the deputy determine the individual’s marital status or options for marriage and divorce.

You must apply to the Court of Protection to make the decision to become a deputy for either health and welfare, property and financial matters, or both in order to complete the application process for a deputyship. If it can be demonstrated that the person lacks the capacity to make the required decisions and that a deputy must be appointed on their behalf, the Court will only consider your deputyship application.

This notification regarding the deputyship application will be sent to people who may be interested in the case of the person. Unless there are any objections, the procedure shall continue without interruption. The person serving as a deputy on behalf of another individual may be directed by the court to provide further information regarding themselves. Applicants may be required to gather additional information and present it before the court if there is insufficient evidence of a person’s capacity to make a decision. When this circumstance occurs, the court will have the power to impose sanctions on the deputyship application.