The Court Fee for applying to be appointed as a Deputy for a relative or friend who has lost mental capacity is being reduced to £385 from 25 July 2018.
This is, therefore, an appropriate time to consider making a Deputy application if a loved-one has lost the ability to manage his or her own affairs but has not already made a valid ‘Enduring Power of Attorney’ or ‘Lasting Power of Attorney’.
Applying to be a Deputy
If a person has become unable to deal with their affairs and has not already put in place a Lasting Power of Attorney (or an Enduring Power of Attorney, as they were previously known), then the only way for somebody to be authorised to deal with that person’s assets and make decisions on their behalf is to apply to the Court of Protection to be appointed as that person’s Deputy.
We can assist with the Court application, which involves providing the Court with:
- full details of the incapacitated person’s, finances and family circumstances;
- a medical professional’s report confirming that the person lacks the relevant capacity (known as a COP3);
- a statement from the proposed Deputy (and possibly from other family members and people involved in the incapacitated person’s care) explaining why he/she is the best person to be appointed as Deputy; and
- any other evidence which will help to show that it is in the best interests of the incapacitated person for a Deputy to be appointed.
In addition, family members and anyone involved in the incapacitated life must be formally notified of the application and there is a strict notification timetable and process which must be followed.
The Deputy application process takes at least 4 months (even 6-9 months is not uncommon).
Our experienced Private Client lawyers will ensure that the application progresses as quickly and as smoothly as possible and that the proposed Deputy is aware, at the very start, of the likely costs (our legal fees are in addition to the £385 Court Fee detailed above), duties and responsibilities involved.
If you would like more information or some advice on any aspect of Deputyship, Lasting Power of Attorney, Wills & Probate, please contact Ben on 01869 252244 or other members of the Private Client team on 01865 244661.