What is Deputyship?

If no enduring power of attorney is established, you will not naturally possess the authority to make decisions on behalf of a loved one should a serious incident occur and they lose the capacity to make decisions for themselves. Fortunately, there exists a pathway to ultimately attain such authority, which is a favorable development. The deputyship application is being submitted, to put it simply.

There is a common tendency among certain individuals to conflate deputyship with enduring power of attorney. Nonetheless, these two are different from each other in their respective methods. A deputyship may be required if a person lacks the capacity to make a permanent power of attorney. In the event that the individual loses the capacity to do so in the future, the document known as a lasting power of attorney grants the chosen attorney the authority to make decisions on behalf of another individual.

You should be aware that there are two distinct types of deputyships. It is essential to note this. The authority of a deputy who may be appointed to make decisions about P’s health and welfare, as well as his property and financial affairs, may be subject. If you want to apply for both, you will need to make two separate applications.

After submitting the deputyship application, it is important to remember that deputies are not authorized to make certain decisions on behalf of the person they are representing. Regardless of whether a deputy has the authority to manage a person’s property and financial affairs and/or to make decisions regarding health and welfare, a deputy is not authorized to discontinue treatment that is intended to keep a person alive, nor may the deputy determine who the person will marry or divorce.

To complete the application procedure for a deputyship, 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 support your deputyship application, the Court will require evidence that a person lacks the capacity to make the required decisions, as well as evidence that a deputy must be appointed on behalf of the person.

This notification regarding the deputyship application will be issued to individuals who may have an interest in the person’s case. If no objections are raised, the process will continue without issue. The individual seeking to serve as a deputy for another person may be required by the court to furnish additional information concerning themselves. In the event that there is insufficient evidence of a person’s capacity to make a decision, applicants may be required to obtain additional information and present it before the court. When this situation arises, the court will subsequently be authorized to grant approval for the deputyship application.