If family members and those close to the person are unable to agree on whether the person is capable of making decisions for themselves or on what would be in their best interests, for example regarding their care or finances, we can assist you with making an application to the Court of Protection.
The Court of Protection is responsible for deciding whether someone has the mental capacity to make a decision for themselves and in appointing deputies to make ongoing decisions.
You can apply to be someone’s deputy if you are over 18. Deputies are usually close relatives or friends of the person who needs help making decisions. The court can appoint two or more deputies for the same person.
There are two types of deputy:
- Property and Financial Affairs
- Personal Welfare
You can apply to be just one type of deputy or both. If you are appointed, you will receive a court order stating what you can and cannot do. Once you have the court order you can start acting on the person’s behalf.
When you become a deputy you must send an annual report to the Office of the Public Guardian every year setting out the decisions you have made. We can also assist you with preparing the annual report.
If the person already has a relevant lasting power of attorney they do not usually need a deputy to be appointed.
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