Court of Protection Deputyship

There are 2 types of Court of Protection Deputy:

• Property and Financial Affairs Deputy
• Personal Welfare Deputy

You can either apply to become one kind of Deputy or both kinds.

The court order you receive will explain exactly what decisions you can and can’t take as a Deputy. You must also submit an annual report to the Office of the Public Guardian every year explaining what decisions you have made and outline all expenses incurred, if you are appointed for finances.

Property and Financial Affairs Deputy:

This kind of Deputy is authorised to do things like:

• Pay someone’s bills, rent and/or mortgage
• Manage their bank accounts
• Organise their pension
• Buy and sell property

Personal Welfare Deputy:

This kind of Deputy is authorised to make decisions about someone’s

• Medical treatment
• Care
• Day-to-day activities and routine

The Court of Protection will usually only appoint a Personal Welfare Deputy if there are concerns about whether decisions are being made in someone’s best interests or whether there’s a specific issue that decisions need to be made about over time (for example, where someone should live).

Court of Protection applications are complex, requiring a number of different forms and evidence of your loved one’s mental incapacity. Our specialist  Court of Protection team have the experience to help you fill out all the forms correctly.

We can ensure that your case is handled efficiently with all forms filled out with meticulous attention to detail. This will minimise the risk of your case being delayed or the application being rejected.

The process of applying to the Court of Protection for a Deputyship Order usually takes around 6 - 8 months. However, the exact time period will depend on the individual circumstances of your case.

The Deputyship court application fee is £365 (or £730 if you want to become both types of Deputy). However, if your case needs a hearing, for example, because someone objects to your application, you will need to pay a further fee of £485.

You must also pay annual supervision fees depending on the level of supervision you need. If you are a new Deputy, you must pay a £100 assessment fee then for most Deputies, the general supervision fee is £320. For Property and Financial Affairs Deputies managing less than £21,000, the minimal supervision fee is £35.

Property and Financial Affairs Deputies must also pay a ‘security bond’ â€â€Åâ€Å“ insurance that protects your loved one’s finances. How much you pay will depend on the value of their estate and how much of it you control. You can pay using your loved one’s money or you can claim back from their estate.

If your loved one is on a low income or receives certain benefits, you are eligible for an exemption or reduction in fees.

Deputies are usually a relative or close friend of the person who needs extra support. You can apply to become a Deputy if you are at least 18 years old. If you want to become a Property and Financial Affairs Deputy, the Court of Protection may consider whether you have the skills to manage your loved ones finances.

Part of your role as a property and financial affairs deputy will be to ensure that your decisions do not interfere with your loved one’s succession plans. To do this you may need to see a copy of the Will. If your loved one cannot consent to their solicitor showing you the Will, you may be able to rely on your powers as a Deputy. However, you need to satisfy yourself and their solicitor that your loved one definitely cannot consent to the disclosure.

Typically, the Court of Protection states that Deputies should not make or change a Will on behalf of their loved one.

If you need to change your loved one’s Will, you will need to apply to the Court of protection for a Statutory Will. To do this, you will need to provide evidence that your loved one does not have the testamentary capacity to change the Will themselves.

If your loved one passes away, your Deputyship will immediately end and you should no longer deal with their finances. The administration of the estate will be taken over by the Executors or Administrators. If this is still you, you need to apply for a Grant of Representation for authorisation. For more information, please visit our Probate & Estate Administration page.

If you are a Property and Financial Affairs Deputy, you only have to pay the supervision fees for the part of the year that you were a deputy. For example, if you pay the minimal supervision fee, and your loved one dies after six months, you only need to pay £17.50.

You can only claim expenses for things you have to do in your role as a Deputy, such as:

• Phone calls
• Postage
• Travel costs

You cannot claim expenses for time you spend carrying out your duties or for travel costs for social visits.