When a loved one loses the ability to manage their own affairs, families are often left trying to deal with practical issues at the same time as coping emotionally with a difficult situation. This commonly happens following dementia, a stroke, serious illness, or a traumatic brain injury.
In many cases, relatives assume they can automatically step in to manage finances or make decisions. However, without a valid power of attorney, this is not always possible.
Where someone no longer has the mental capacity to make decisions themselves, it may be necessary to make an application to the Court of Protection for deputyship.
At AFG Law, we regularly support families through the deputyship process, helping them obtain the legal authority needed to manage a loved one’s affairs.
What is Deputyship?
Many families first encounter deputyship after discovering they cannot access a relative’s bank account, deal with bills, or manage property on their behalf. Deputyship is a legal arrangement where the Court of Protection appoints someone to make decisions for a person who has been found to lack mental capacity.
The person appointed is known as a deputy and receives a formal court order confirming what decisions they can make. In most cases, the deputy is appointed to deal with financial matters, such as:
- Paying household bills
- Managing savings or investments
- Dealing with pensions
- Selling or managing property
- Handling ongoing care costs
This type of appointment is known as a property and financial affairs deputy. Applications involving personal welfare decisions are less common and are usually limited to more complex situations involving ongoing medical treatment or care arrangements.
How to Apply for Deputyship
The application process for deputyship involves preparing and submitting a number of documents to the Court of Protection.
One of the most important parts of the application is obtaining medical evidence confirming that the individual lacks capacity to make decisions themselves. This is done using a specific Assessment of Capacity Form, which must be completed by an appropriate medical professional.
The application will also usually include:
- Details of the person who lacks capacity
- Information about the proposed deputy
- Information regarding finances and assets
- Reasons why deputyship is required
The court requires several application forms to be completed carefully and accurately. Errors or missing information can lead to delays, particularly as Court of Protection applications are already subject to lengthy waiting times.
Prior to the documents being submitted, certain people, including close family members, usually need to be formally notified about the application. This gives interested parties the opportunity to raise concerns or object to the application if necessary.
At AFG Law, we regularly assist families with completing the forms, preparing supporting documents, and navigating the wider court process as smoothly as possible.
How Long Does Deputyship Take?
Deputyship applications are rarely quick. Even relatively straightforward applications can take several months ( usually takes longer than several months ) to progress through the Court of Protection due to the volume of applications being dealt with.
Delays can also arise where:
- Information is missing from the application
- Further medical evidence is required
- Family members raise objections
- The matter involves complex finances or property
This can create difficulties where urgent financial decisions are needed, particularly if care fees, mortgage payments, or property matters need immediate attention. Seeking legal advice early can often help reduce avoidable delays.
Deputyship Fees and Ongoing Responsibilities
Families are often surprised to discover that deputyship involves ongoing responsibilities after the initial court order has been granted.
The costs associated with deputyship are generally paid from the finances of the person who lacks capacity. These may include:
- Court application fees
- Medical assessment fees
- Supervision fees payable to the Office of the Public Guardian (OPG)
- Legal fees where solicitors are instructed
Once appointed, deputies are supervised by the Office of the Public Guardian (OPG). Deputies are responsible for maintaining financial records and acting in the individual’s best interests at all times.
This includes submitting an annual deputy report to the OPG each year explaining the decisions made and how money has been managed. The deputy must provide information to the OPG each year explaining how they have carried out their responsibilities and safeguarded the individual’s finances.
For many families, these ongoing duties can feel unfamiliar and overwhelming, particularly where they are already dealing with care arrangements or emotional pressures at the same time.
Why Legal Advice is Important
Court of Protection applications can quickly become complicated, particularly where there are disputes between relatives, urgent financial concerns, or questions raised by professionals or social workers.
Seeking legal advice early can help families:
- Understand the deputyship process
- Avoid delays caused by incorrect paperwork
- Navigate disputes more effectively
- Understand their ongoing legal responsibilities
- Ensure applications are properly prepared from the outset
At AFG Law, we regularly support families dealing with deputyship applications following dementia, serious injury, illness, and other situations where a loved one has lost capacity unexpectedly.
How AFG Law Can Assist
Our experienced Court of Protection team can assist with:
- Preparing deputyship applications
- Advising on the Court of Protection process
- Assisting with completing the forms and supporting documents when applying to the Court of Protection
- Preparing the required capacity form
- Advising proposed deputies about their responsibilities
- Supporting families where disputes arise
- Assisting deputies with ongoing reporting obligations
We understand that deputyship applications are often made during emotionally difficult circumstances. Our approach is focused on providing clear, practical guidance to help families move through the process with confidence and reassurance.