2. Deputyship application
The foundation of any COP application is an assessment of the mental capacity of the individual to whom the application relates, usually referred to as the “patient” in court. There are also court of protection costs that you will have to pay. More information on this is below.
Once the COP is satisfied the patient lacks mental capacity, they will then look at the deputyship application being made and decide whether to issue a court order.
The COP will want to hear all sides of the story and may direct relatives, friends, carers or other interested parties to be made aware of the application.
Do I need permission to apply for a deputyship order?
Yes, you need permission to apply for a deputyship order. When applying to be a deputy, you are required to apply to the Court of Protection. Court of Protection applications involve seeking legal authority to act on behalf of someone who lacks mental capacity.
Permission from the court is necessary to initiate the process and establish your eligibility to become a deputy. This ensures that the court can assess your suitability and make informed decisions in the best interests of the individual.
Therefore, it is essential to apply to the Court of Protection and obtain permission before proceeding with a deputyship application.
How much does a deputy bond cost?
Depending on the valuation of the estate being managed and the degree of risk determined by the bond provider, the price of a deputy bond may change. It is typically a small percentage of the estate’s value, and it’s advisable to obtain quotes from multiple bond providers to get an accurate estimate.
3. What is a court of protection deputy?
So what is a deputyship?
A court of protection deputy is important in the UK legal system.
They are a court appointed deputy, appointed by the Court of Protection, an independent judicial body, to manage the affairs of someone who cannot do so themselves due to a mental disorder or incapacity.
This could be because they have been diagnosed with:
- stroke or other degenerative condition.
Or their decision making capacity may have become impaired through traumatic injury; or they may lack the mental capacity to make decisions for themselves due to age.
The court of protection deputy is responsible for making decisions on behalf of someone who does not have the capacity to do so themselves.
This includes making decisions about finances, property and welfare matters such as medical care and care home placements. The deputy must act in the best interests of the person they are appointed for, as determined by the Court of Protection.
Deputies must be over 18 and have no criminal record or any other background that could suggest a conflict of interest.
They will usually be family members, social workers or professional trustees. The court of protection deputy must act according to the Mental Capacity Act 2005 and follow relevant codes of practice when making decisions on behalf of someone who lacks capacity.
This includes getting consent from others such as family members or doctors where possible, ensuring that all decisions are made in the best interests of the person they are appointed for and taking into account their wishes and feelings if it is known what these may be. They must also keep accurate and up-to-date records of their decisions.
The role of court of protection deputy is an important one, with the potential to have far-reaching consequences for someone who lacks the capacity to make decisions for themselves.
It is vital that any individual or organisation taking on this responsibility has the right skills, experience and understanding of the relevant legal framework. This will ensure that decisions are made in accordance with the law and in the best interests of those they are appointed to represent.