A Deputyship Order gives a ‘deputy’ the ability to make decisions on behalf of a person who has lost mental capacity and therefore cannot make a Lasting Power of Attorney themselves.
A deputy will be able to make decisions for the person in relation to
The application will need to provide evidence that the person the application relates to lacks mental capacity. A doctor or GP will have to carry out a mental capacity assessment.
The Mental Capacity Act sets out 5 statutory principles:-
The application is made to the Court of Protection who will decide if the Deputyship Order should be granted.
If the Deputyship Order is made, the Office of the Public Guardian (‘OPG’) will support the deputy throughout their appointment as there are a number of duties which are onerous.
If you wish to discuss this further please contact Ann Coutts on 020 8502 3991 for more information.