Advice on Deputyship: Court of Protection Advice

Advice on Deputyship

For professional advice on Deputyship, contact us on 01323 406299.

Our correspondant is a professional Will Writer trying to help a friend with advice on Deputyship for her disabled daughter.  She would not wish to claim any expertise, but clearly knows far more than the man in the street.

She says: “The process is intensive,  time consuming and incredibly intrusive. It is also incredibly long.   The Court of Protection takes 21 weeks from submission of the application before they formally even consider your petition.  That assumes you have been able to supply all the required information to get past the initial checking stage and only then get onto the 21 week waiting list.

If you fail at the initial check stage then your documents will be sent back to you and you will have to start all over again.  What joy!

Accepting the role of Court of Protection Deputy is, in my opinion, a risky affair. You will be accountable to the Court of Protection and open to challenge by your friend’s family.  They may be keen to protect their inheritance, even if they can’t be bothered to look after their relative.  You will have to be able to fully justify with documentary proof every decision.

The Court of Protection can appoint a deputy if a family member or frioedn won’t accept the role. Social Services can apply themselves, in cases of last resort.  Maybe that could that be a better option for you?

My father is in care, with severe dementia. My mother (who is his attorney under an EPA, as opposed to his deputy) sees him on a regular basis, but that is only part of the story. She has to deal with Social Services correspondence, attend meetings, and more. Looking after dad’s affairs takes up much more time than we expected.

Finally, can I ask, how well did you know your friend? How confident are you that you can make the ‘right’ decisions for her? Have you read the Mental Capacity Act 2005, and its Code of Practice?   Please do!

I hope the above gives you additional ‘food for thought’ that helps you make the right decision.”

We say:

Prevention is always better than cure, so if it isn’t already too late, get Lasting Powers of Attorney organised before a Deputyship is the only answer.