Whenever a loved one begins to lose their mental capacity or is physically incapacitated due to an illness or injury, but has passed the point where they are deemed capable of consenting to a Lasting Power of Attorney, then a Deputyship application can be made to the court, allowing you take care of their financial affairs or their personal welfare.
Deputyship applications can be made by anyone over the age of 18. Normally it is a partner, a relative or a close family friend, but can also be a professional such as a solicitor or an accountant, or sometimes even the local authority, depending on circumstances. If the person lacking capacity owns a large estate or a large number of assets, then a professional Deputy may be more appropriate due to the complex nature of such situations. All Deputyship applications must declare any criminal convictions as well as court orders or bankruptcy applications, as these can affect the outcome of applications. Therefore, it is important to disclose everything requested by the courts in the application. V.E White are able to help guide you through this process.
There are two kinds of Deputyship applications: a Property and Affairs Deputy, and a Personal Welfare Deputy. The Property and Affairs Deputy is the most common type of application, and grants the Deputy power over administering the financial affairs of the individual lacking capability, such as dealing with shares or property, ensuring bills are paid etc. A Personal Welfare Deputy application is far less common, and involves ensuring the personal welfare of the individual lacking capacity. This is normally reserved for exceptional circumstances or sensitive cases, such as children. While a Deputyship application grants the Deputy power to act for the individual, it isn’t without restriction. A Deputy cannot write a will for the individual, nor can they act as their executor. The Deputy is also unable to deny medical treatment that is considered life-saving.
While being a Deputy isn’t a paid position, reasonable expenses are allowed to be claimed by the Deputy that are incurred in their duties, such as telephone bills, travel costs, parking tickets etc. V. E. White will be able to explain in greater detail the allowable claims to be made by a Deputy.
Deputyship applications should not be considered lightly. A successful application requires a lot of time and effort on behalf of the Deputy as well as being fully accountable to the courts to ensure they are always acting in the best interests of the person lacking capacity. Therefore it is always advisable to discuss the situation with an expert to ensure you fully understand what is required of a Deputy before submitting an application. We at V.E. White & Co. are dedicated to providing a first rate legal experience and the Deputyship application procedure is one we are particularly proud of. Our team will ensure that the application is completed professionally, with due care and diligence taken at all times, to ensure that these forms are given the full attention they deserve.