Court of Protection Deputyship Applications

Do you believe a loved one is losing their mental capacity?

Perhaps a relative has suffered an accident, an unexpected illness or undergoing treatment which has caused a temporary or permanent loss of capacity to make decisions. It is assumed that a person does have mental capacity, unless it can be established that they do not (Mental Capacity Act 2005 Section 1 (2)). This is always a difficult situation for friends or relatives to find themselves in, as it can be difficult to access bank accounts or benefits or dealing with the sale of the house. Unless a Lasting Power of Attorney has already been registered by the person concerned, then a suitable person needs to apply to become a Deputy.

Such a situation needs sensitive, caring and knowledgeable advice from a specialist Court of Protection Solicitor. Our Middlesbrough Solicitor, Stacey Phoenix, can advise on Court of Protection and Deputyship matters and would discuss any queries or concerns with you. We have however put together some basic information below regarding Deputyship Applications to the Office of the Public Guardian (OPG).

How do I make an application to become a Deputy?

If a person has been established as lacking mental capacity, then you could make an application to the OPG to act as a Deputy. By Order of the Court, this would allow you to manage that person’s personal welfare and property affairs. Such an Order is only required if the person has not already made a Lasting Power of Attorney.

A Deputy can be appointed by the Court to act;-

1.  As a Property & Affairs Deputy – dealing with issues relating to property and financial matters, including the buying and selling of real property.

2.  As a Personal Welfare Deputy – dealing with decisions relating to health and personal care, including health treatment (although a Deputy cannot make a decision to refuse life sustaining treatment).

Who can be appointed as a Deputy?

You can only apply to become a Deputy if you are an adult with no criminal convictions or bankruptcy proceedings pending.

Our Middlesbrough Court of Protection Solicitor, Stacey Phoenix, can assist you with preparing an application to the OPG and will liaise with you and the OPG during the application process. We can also assist in making applications to renew Deputyships.

If you would like a free no-obligation consultation with our Court of Protection Solicitor, please do not hesitate to contact us on 01642 293427.

Alternatively, complete our Contact Form, providing your contact details and a brief outline of your case and we will contact you.