Deputyship
Someone may no longer have capacity due to old age, accident or an illness.
If a person no longer has capacity to make a Lasting Power of Attorney and does not have an Enduring Power of Attorney then an appropriate person must apply to the Court of Protection to be appointed as Deputy in order that they can act for that person (“the Patient”) in relation to their property and financial affairs.
If decisions need to be made by someone in respect of healthcare and welfare, such as whether or not a person should receive treatment, then you may need to apply to the Court of Protection to be appointed as Deputy to make such decisions.
What are the consequences of a Deputyship when a Power of Attorney has not been made?
The application process takes approximately 21 weeks and costs £400 in Court fees and £825 plus VAT in Solicitors fees (fixed by the Court). Due to the considerable amount of time it takes, the Patient’s finances could face serious problems.
It is less likely that you will have someone you would have chosen to manage your affairs for you and the Deputy could be a Court Official or other professional, which could incur additional expenses.
There could be additional fees payable annual, including:-
Security Bonds: similar to an insurance policy, should the Deputy make a serious error detrimental to the Patient’s financial or personal welfare.
Appointment of Deputy fee: this is a one-off payment for placing the Deputy’s details on the Register and carrying out a risk assessment to determine the appropriate Deputy supervision regime.
The Court may ask the Deputy to produce annual reports in respect of the Patient’s finances which could incur further costs and is somewhat time consuming and can be complicated.
