When is a deputyship application necessary?

If someone lacks mental capacity and has not made a Lasting Power of Attorney (LPA), a deputyship order may be needed to manage their affairs legally.
In England and Wales, the Court of Protection can appoint a deputy to make specified decisions on that person’s behalf.

What is deputyship?

A deputy may be appointed where a person lacks capacity because of illness, injury or a condition such as dementia and has no LPA. Deputyship orders can cover property and financial affairs or, less commonly, health and welfare decisions.

Property and financial affairs

This order can authorise a deputy to manage bank accounts, bills, care fees, benefits, pensions and property.

Health and welfare

Welfare deputies are appointed only in limited cases, such as serious disputes, repeated complex decisions, risk of abuse or neglect, or a specific serious medical decision.

Submitting an application

•    Applications can be submitted online. See the current GOV.UK deputyship fee guidance.

How Moore & Tibbits can help

Guidance and representation

We can help you apply as a lay deputy, alone or jointly, and explain the role and required documents.
If no suitable person can act, we can apply to be appointed as professional deputy.

Provide information

Complete our straightforward questionnaire with the details needed for the application.

Review and sign

Using the information that you have provided, we will draft the application forms and send them to you for review and signature.

Notify relevant people

We notify the person concerned and relevant family members or others using forms COP14PADep and COP15PADep, allowing them to raise any objections.

Submit the application

We can submit the application online and pay the court fee on your behalf.

Court review

The court considers the application and may require a security bond or hearing before issuing the order.

Receive the order

We send you the order and advise on your duties and next steps.

Meet ongoing duties

The Office of the Public Guardian supervises deputies, who must submit an annual report on how the person’s affairs have been managed.

Here to help

Deputyship carries significant legal responsibility, but clear guidance can make the process easier to manage.
For advice on deputyship or your next steps, contact our Court of Protection team: Marie O’Malley on 01926 354704 or MarieO@moore-tibbits.co.uk