Last Updated on 18.5.23 by Mahua Jana
Changes to the Deputyship application process, implemented since January 2023, mean the way we apply for Deputyship has evolved. Following a successful trial period, HM Courts & Tribunal Service made these changes in order to streamline the procedure in applying for a Deputyship Order, specifically in respect of Property and Affairs. In this article, we will explore what a Deputyship application entails and how these changes will impact the process.
Understanding the Deputyship order and application process
Before diving into the details, let’s discuss the two types of Deputyship Orders. One deals with a person’s property and financial affairs, while the other concerns their personal welfare. In this article, we will primarily focus on the Property and Financial Affairs Deputyship Order.
When an individual does not have a Lasting Power of Attorney in place and their health deteriorates, leaving them unable to manage their financial affairs due to a lack of capacity, a Deputyship Order is often the only solution. Someone will need to apply for this order to manage the individual’s property and financial affairs.
To obtain a Deputyship Order, the Applicant(s) must make an application to the Court of Protection. Unlike a Lasting Power of Attorney, which allows the individual to choose who will look after their financial affairs, the Court of Protection will review the Deputyship application and decide whether the Applicant is suitable to be a Deputy.
Once the Court of Protection has reviewed the application, they may choose to approve or reject it. They can also request further information, require the payment of a bond, or hold a Court hearing if more information is needed.
Upon receiving the Deputy Order, it’s essential to comply with the court’s requirements, notify the necessary organisations, and maintain a record of transactions. As a Deputy, you will be expected to file annual deputy reports and be supervised by the Office of the Public Guardian. Further supervision fees and visits by the Court of Protection may be applicable depending on the value of the assets being managed.
What’s new in the Deputyship application process?
For Deputyship Order applications in respect of Property and Financial affairs made after January 2023, it is crucial to comply with the new Practice Directions and Court of Protection forms, or the application will be rejected.
One significant change is that before applying to the Court of Protection, the Applicant must notify three people who know the person involved in the application using prescribed forms. These people can be relatives or social workers, for example. Applicants must wait for the responses and include a notification of these responses in the Deputyship Order application.
Another noteworthy change is the option to make personal applications online.
Let Gorvins Solicitors support you through the process
The Deputyship application process can be complex and time-consuming. At Gorvins Solicitors, we’re here to assist you and ensure a smooth, successful process in obtaining a Deputyship Order for your loved ones. Don’t hesitate to reach out to us for help navigating this important journey.
Associate Solicitor, Wills, Trusts & Probate