Applying for a deputyship with the Court of Protection can be complex and emotionally challenging. For the uninitiated, the process to be appointed deputy is akin to walking a tightrope, where one false step can result in your application being rejected. Sophie Lawrence, Senior Associate and head of our Court of Protection team shares five essential tips to prepare for a successful deputyship application.
Understand the Role and Responsibilities
Before you begin the application process, it is vital to understand the duties of a deputy. Deputies can apply to be legally responsible for making decisions about personal welfare, property and financial affairs on behalf of someone who cannot do so themselves (known by the Court as "P"). This responsibility includes maintaining detailed records, managing finances prudently, and always acting in the best interest of P.
Choose the Right Type of Deputyship
There are two types of deputyships that you can apply for on behalf of P. Property and Financial Affairs allows you to manage P's bank accounts, investments, pay bills and oversee property transactions, for example, selling a home if P moves into care. A Health and Welfare Deputyship enables you to make best-interest decisions for P related to medical treatment and daily care. It is crucial to assess the needs of P carefully to determine whether to apply for one or both types of deputyships.
Prepare Comprehensive Documentation
The Court of Protection requires extensive documentation to support your application. This includes medical evidence of P's lack of capacity, their financial situation, and any relevant legal documents, such as Wills or Power of Attorney. Having all necessary documentation prepared in advance can significantly expedite the application process. Our team can assist you in gathering the best possible evidence and strengthening your application.
Get Professional Assistance with Drafting Forms
Completing the application forms accurately and thoroughly is crucial to the success of your deputyship application. Mistakes or missing information can result in significant delay or even rejection. Seek professional assistance to help you through the form-filling process, ensuring that all information is correct and comprehensive, thereby reducing the risk of common mistakes.
Seek Ongoing Support and Training
Once appointed, the role of a deputy can be demanding and complex. Continuous support from legal advisers, accountants, or professional organisations can be crucial. This support can help you manage your responsibilities effectively, and stay informed about any changes in the law or best practices.
How We Can Help
By adhering to these essential guidelines, you can confidentially manage the deputyship application process, ensuring that you are fully equipped to take on this significant responsibility with assurance. If you wish to discuss the application for a deputyship, please contact Sophie Lawrence at 01258459361 or sophie.lawrence@blanchardsbailey.co.uk
You can also visit our Court of Protection webpage.
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01258 459361