The Alzheimer's Society reports that over 900,000 people in the UK are living with dementia, highlighting the growing need for informed legal guidance in managing the affairs of those who may no longer be able to do so themselves (Alzheimers.org.uk).
When illness or disability impairs a loved one's decision-making capacity, addressing the legal implications becomes crucial. Our wills and probate solicitors, specialising in deputyship and Court of Protection matters, are dedicated to handling these sensitive issues with compassion and expertise.
At Garratts, we are adept at navigating these complex legal matters, ensuring that the rights and dignity of your loved ones are upheld throughout the process. If you are facing such challenges and need expert legal assistance, do not hesitate to contact our team at Garratts. Call us at 0161 665 3502 for a detailed discussion of your needs or request a callback.
Why is deputyship and Court of Protection important?
Deputyship and the Court of Protection are crucial when individuals can no longer decide for themselves and no Lasting Power of Attorney is in place. When this occurs, the Court of Protection can issue an order appointing a deputy, ensuring that the individual's needs are adequately met, their finances are responsibly managed, and their personal wishes are respected, particularly in circumstances where they are unable to express these wishes themselves.
This legal intervention is vital for protecting the rights and dignity of those who, due to various reasons such as illness, injury, or mental incapacity, cannot make informed decisions.
What common situations require deputyship?
Dementia, Alzheimer's disease, learning disabilities, or mental health conditions can diminish decision-making capacity. Accidents or injuries may also necessitate temporary or permanent deputyship arrangements. Garratts can guide you through the Court of Protection process, whether you're an affected individual, family member, or concerned friend.
What are the different types of deputyship?
There are primarily two types of deputyship:
- Property and Financial Affairs Deputyship: This type involves managing the person's financial matters, such as paying bills, managing bank accounts, and handling investments and property.
- Personal Welfare Deputyship: This type focuses on making decisions about the person's healthcare and personal welfare, including medical treatment and living arrangements. It is less commonly granted and usually considered when ongoing and complex decisions are to be made.
Who can apply to be a deputy?
Typically, a close relative or friend of a person who lacks mental capacity can apply to be a deputy. Professionals, like solicitors, can also be appointed. The applicant must be over 18 years old and be able to demonstrate the ability to make decisions in the best interest of the person they are applying to represent.
What are the responsibilities of a deputy?
A deputy appointed by the Court of Protection shoulders weighty responsibilities, acting as a trusted advocate for someone who cannot make decisions for themselves.
- Decision-making on their behalf: This core responsibility encompasses various critical areas. From choosing appropriate healthcare options and ensuring their well-being within healthcare settings to managing finances responsibly, paying bills, and safeguarding assets, the deputy must consider all possibilities with the protected person's best interests at heart.
- Upholding wishes and preferences: While some decisions may be straightforward, others may involve navigating personal choices and wishes. The deputy must diligently research and understand the protected person's past preferences and any relevant medical directives, including reference to any Will that may be in place. This ensures their decisions, from daily routines to life-altering choices, align with their values and desires whenever possible.
- Accountability and reporting: Acting as a court-appointed fiduciary, the deputy holds a high level of accountability. They must maintain detailed records of decisions made, finances managed, and actions taken, reporting regularly to the Court of Protection. This ensures transparency and allows for oversight to safeguard the protected person's well-being throughout the deputyship.
How long does the deputyship process take?
The duration of the deputyship process can vary, but it typically takes several months. The exact time frame depends on the complexity of the case and the workload of the Court of Protection.
Can I challenge a deputyship order?
A deputyship order can be challenged if there are concerns about the suitability of the appointed deputy or the way they are carrying out their duties. Challenges can be made by family members, friends, or any interested party. The challenge would need to be made to the Court of Protection, which will review the case and make a decision.
