What is Deputyship, When is it Needed, and How to Apply

When someone no longer has the mental capacity to make their own decisions about their health, care and financial affairs someone else needs to make them on their behalf. The best way for this to happen is via legal power of attorney (LPA). This is because the individual, while they still have mental capacity, can decide who they want to make the decisions and express their wishes in advance. Unfortunately, LPA isn’t always put in place in time. In this instance, someone can apply for deputyship to make decisions on behalf of the individual.

Types of deputyship

There are two broad types of deputyship:

Personal welfare deputyship

This enables the deputy to make decisions about healthcare, care and support etc.

Financial and affairs deputyship

This allows the deputy to do things like pay bills and make some financial decisions.

Additionally, an emergency deputyship can be granted if there is immediate risk to the individual lacking mental capacity. Furthermore, interim orders can be granted to make decisions possible if an individual has already applied for deputyship and is awaiting it. Deputyship isn’t simply granted and evidence needs to be given, for example that there is family dispute over what is in an individual’s best interests regarding care provision.

Applying for deputyship

You can apply to be one or both types of deputy. If appointed, you’re told via court order what you can and can’t do. Each year you must submit a report to the Office of the Public Guardian (OPG) explaining the decisions you’ve made. Every time a decision needs to be made you must consider the mental capacity of the individual and you must always act in the person’s best interests. You must try to help the individual understand each decision and use their input as much as possible.

• To be a deputy you must be 18 or over and usually a close family member or friend. Multiple deputies can be appointed. There are high fees involved, including annual supervision charges.
• Deputyship is a highly responsible position. Indeed, there are heavy fines and prison terms that can be applied if you mistreat or neglect the individual you are deputy for.
• To apply for deputyship you fill in a range of online forms. Additionally, you must declare a minimum of three people who know you are applying for deputyship. There must also be a submitted assessment of capacity.
• Once you’ve submitted the application/s, you must then notify all of the people named in your forms as well as the person you are applying for deputyship for. Explaining the situation to the individual is an important and legal step. You must explain why you are applying and what it would mean for them, as well as direct them to where they can get further advice. You will need to complete declarations that you have done this and appropriately notified the others named in the application.

Once deputyship is appointed

In addition to the initial application fees, deputies must pay an annual fee for supervision as a deputy from the OPG. As a new deputy, you’ll also need to pay an assessment fee. You can only claim back fees from the individual you are deputy for, for property and affairs deputyship.

Once deputyship is awarded, you will be sent a court order. This deputyship court order establishes everything that you can and can’t do in your role as deputy. You can only start acting on the individual’s behalf once you have the order. In the case of property and affairs deputyship, you also need to have set up a security bond before you can act, if requested to do so by the court.

You will need to send copies of the deputyship to various bodies and organisations, such as relevant banks and building societies, before they let you make decisions.

If you need to make a decision that isn’t covered in the court order then you will need to apply to the Office of the Public Guardian for that one-off decision. This needs to be done each and every time.

Once you have been granted deputyship, you will need to utilise supervision from the Office of the Public Guardian. They may carry out visits and you’ll need to submit reports. Supervision provides support you need in your deputyship role but it also ensures you are carrying out your duties properly.

Support with deputyship

Being someone’s deputy is not an easy role to apply for or fulfil. However, deputyship is the avenue for making decisions for your loved one if a legal power of attorney isn’t in place. As dementia care specialists, we highly recommend organising legal power of attorney soon after your parent received a dementia diagnosis. This will ensure that things are as straightforward and cost-effective as possible for family members, but also that the individual’s wishes are most easily taken into account in the future when they no longer have capacity.

Dementia care requires specialist support. We offer exceptional dementia care home facilities in North Devon and Somerset. Find out more about dementia residential care.