Kerry Davey, a solicitor at JMP Solicitors, sheds light on the responsibilities of deputyship and offers guidance on how best to fulfil this role if you’ve been appointed.
When individuals are unable to make significant decisions for themselves due to mental incapacity, the concept of deputyship is invoked to ensure their affairs are handled responsibly. This entails the appointment of a deputy by the Court of Protection to act on behalf of someone lacking mental capacity, often due to conditions like dementia, learning disabilities, or severe brain injury. Many critical decisions, including those regarding finances, property, and healthcare, must be made in the individual’s best interests.
Often, clients approach us as a Lasting Power of Attorney is not available to them as capacity has already been lost.
The process of appointing a deputy begins with an application to the Court of Protection. Careful consideration is given to the circumstances before selecting a suitable individual or organization to act in the person’s best interests. The appointed deputy is typically a close family member, friend, or a qualified professional such as a solicitor or accountant, chosen for their ability to make decisions aligned with the individual’s wishes and preferences.
There are two primary types of deputyship orders:
- Property and financial affairs deputyship – A deputy responsible for property and financial affairs manages the individual’s finances, pays bills, handles investments, sells property and ensures their financial matters are handled appropriately.
- Health and welfare deputyship – A deputy overseeing health and welfare decisions makes choices related to the individual’s medical treatment, living arrangements, and other welfare matters.
In essence, deputyship serves as a legal framework designed to safeguard and support individuals unable to make decisions for themselves due to incapacity. By appointing a deputy to act in their best interests, the person’s affairs can be managed responsibly, ensuring their well-being and dignity are upheld.
How JMP Solicitors Can Help:
If you’re seeking guidance on deputyships, our experienced team is here to assist you. Feel free to get in touch at 01476 565 295 or email us at [email protected] for a free consultation.
