Typical applications to the COP include applying to be a patient’s “deputy”. The end result is similar to that of being an attorney under a lasting power of attorney where in most circumstances a deputy has general control over property and financial affairs.""
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6. How to make an application to be a deputy?
Typical applications to the COP include applying to be a patient’s “deputy”. The end result is similar to that of being an attorney under a lasting power of attorney where in most circumstances a deputy has general control over property and financial affairs.
However, the deputy must demonstrate to the COP they are fit for the role and will have various levels of court supervision during their tenure.
A court of protection deputyship application can also be made for “one-off” decisions such as making gifts or signing a “statutory Will” (signing a Will for someone who lacks mental capacity) on behalf of the patient.
These can be complex applications requiring a detailed assessment of the patient’s affairs.
All parties that may be affected by the court of protection order in favour of the application will be invited to have their say.
The COP is increasingly being asked to decide on health and welfare matters. It is rare for the COP to grant a general health and welfare power to a deputy but they do consider one-off decisions perhaps if there is a disagreement as to a care provider. The COP can step in to make a decision where there is a deadlock.
If you find yourself in the position of having to consider a COP application then seek professional advice.
So, how long does it take to get a deputyship order? The complexity of the case, the volume of cases before the court, and the existence of any objections or conflicts can all affect how long it takes to obtain a deputyship order.
A deputyship order can be obtained anywhere between 6 and 16 weeks after the application has been submitted. If there are issues or if a hearing is necessary, it can take longer. It’s always a good idea to get legal counsel and get started on your application as soon as you can.