Applying for Deputyship – A Step-by-Step Guide

When a loved one loses the ability to make decisions for themselves, it can be a difficult and emotional time. If a Lasting Power of Attorney (LPA) has not been made, you may need to apply for deputyship in order to legally manage their affairs.

Applying for Deputyship in the Court of Protection (England and Wales) is a formal legal process that allows someone to make decisions on behalf of another person who lacks the mental capacity to make those decisions themselves. 

What is Deputyship?

If someone (often a loved one) lacks mental capacity due to illness, injury, or a condition like dementia, and they have not made a Lasting Power of Attorney (LPA), you can apply to the Court of Protection to become their Deputy.

Here is a breakdown of the key steps involved:

1. Confirm the Person’s Capacity
   Before you can apply for deputyship, it must be confirmed that the individual no longer has the mental capacity to make decisions. A formal capacity assessment is required, typically carried out by a doctor, social worker, or psychiatrist.
2. Decide Who Will Act as Deputy
   You can apply to be the deputy yourself, or alongside someone else—this is known as a “Lay Deputy.” We can provide detailed guidance to help you understand what is involved in the role. If no suitable person is available or willing to act, we can apply to be appointed as a professional deputy.
   If a lay deputy is chosen, we will send them relevant documentation and request ID verification, which can be completed remotely.
3. Fill Out Our Questionnaire
   We will provide you with an information gathering sheet to gather all the necessary details to prepare your application.
4. Review and Sign the Application Forms
   Using the information that you have provided, we will draft the application forms and send them to you for review and signature.
5. Notify Relevant Individuals
   We are legally required to notify the person you are applying on behalf of as well as any close family members or others with an interest in the matter. This is done using the COP14PADep and COP15PADep forms. This gives them the opportunity to raise any objections. We must wait 14 days after notifications are sent before we can submit the application.
6. Submit the Application
   We will submit the completed application online and pay the required court fee on your behalf. The standard fee is £421. If a hearing is needed, there’s an additional £494 fee.
7. Court of Protection Review
   The Court of Protection will assess the application. If there are no objections and everything is in order, the court will arrange a surety bond (a form of insurance) and issue an official court order appointing the deputy. If concerns are raised, a hearing may be scheduled.
8. Receive the Court Order
   Once the order is granted, we will send it to you along with advice on what to do next. You will be supervised by the Office of the Public Guardian, who will be in touch to support you in your new role. You will also receive instructions on how to act and what your duties are.
9. After You are Appointed
   •    Supervision: You will be supervised by the Office of the Public Guardian (OPG).
   •    Annual Report: You must submit a yearly report showing how you have managed the person’s affairs.

Here to help…

Becoming a deputy carries significant legal responsibility, but it is a crucial way to safeguard someone who can no longer make decisions for themselves. While the process might seem daunting, understanding each step and having the right support can make it much easier to manage.

If you are thinking about applying for deputyship or are unsure about your options and next steps, our experienced Court of Protection team are here to help. Contact Marie O’Malley on 01926 354704 or email: MarieO@moore-tibbits.co.uk.