Deputies handle important decisions, playing a crucial role in ensuring that vulnerable individuals receive the necessary support and assistance in managing their affairs effectively.
In this article, we'll dive into deputyship - a crucial legal setup that looks after people who are unable to make decisions for themselves.
We'll cover the roles and responsibilities of a deputy and the process to become one, highlighting how they protect the interests of vulnerable individuals.
💡You can avoid deputyship by writing a Lasting Power of Attorney (LPA) in advance. An LPA allows you to appoint someone to manage your affairs and specify which matters they can handle. You can create separate LPAs for financial matters and health-related decisions.
Deputyship Meaning
Deputyship is a system designed to help people who aren't able to handle their own affairs.
If someone can't make decisions, the Court of Protection steps in and appoints someone called a "deputy."
This deputy makes important decisions for them, covering everything from financial matters to healthcare, ensuring that the person's best interests are upheld and their affairs are properly managed.
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The Role of the Court of Protection in Deputyship
The Court of Protection is very important in the process of deputyship. After all, this is the court that decides if someone needs a deputy because they can't make decisions on their own.
Once the court decides a deputy is needed it’ll pick a suitable person to be the deputy, giving them the official go-ahead to start making decisions on behalf of the incapacitated person.
The court also keeps an eye on deputies to make sure they are doing their job right and making decisions that are in the best interests of the person they are helping. This helps keep everything fair and safe.
Roles and Responsibilities of a Deputy
Being a deputy is a big responsibility. Here’s a list of responsibilities that deputy handles:
- Money Management: Deputies manage the person's finances, including paying bills, handling banking transactions, and safeguarding their assets.
- Health Care: They make decisions about medical treatment and how the person is looked after.
- Daily Life: Deputies may be involved in decisions related to the person's daily activities, social engagements, and other aspects of personal care.
- Protecting Rights: Deputies advocate for and ensure that the person's legal rights are upheld, including protecting them from exploitation or abuse.
- Preventing Neglect: They ensure the person gets the care and attention they need, so they aren’t taken advantage of or neglected.
Deputyship is all about making sure vulnerable individuals have someone reliable to look out for their best interests, giving peace of mind to their families too.
Applying for Deputyship With the Court of Protection
If you think somebody needs your help as a deputy, here’s the process you’ll need to apply to become appointed as one:
- Fill Out the Deputyship Application Forms: Start by completing the necessary forms. These help explain why you believe deputyship is needed for the person you want to help.
- Gather Necessary Documents: Collect all required documents that provide information about the individual’s condition and your relationship to them. This might include medical reports, proof of your relationship, and any relevant financial information.
- Pay the Application Fee: There are deputyship fees for processing your application, currently these total £371. The amount can vary, though, so it’s important to check the current fees on the Court of Protection’s website.
- Submit Your Application: Once you've gathered all the required forms and documents, send them to the Court of Protection for them to review.
- Review by the Court: The Court of Protection will take a close look at your application to see if you're a good fit to be a deputy. They might ask you for more details if they need to understand your situation better.
- Approval and Appointment: If the court decides you're right for the job, they'll send you an official document (a Deputyship Order) that makes you a deputy. This means you can start making important decisions for the person who needs help, right away.
Challenges and Support for Deputyship
Being a deputy can be challenging. You may need to handle complex finances or make difficult healthcare decisions, which can be stressful, especially if you're helping a loved one.
But remember, you're not alone. There are support groups and resources just for deputies to help you manage your responsibilities effectively.
The Court of Protection also offers guidance to help you handle your duties and make the best choices for the person you're assisting.
Difference Between Deputyship and an LPA
Deputyship and Lasting Power of Attorneys (LPAs) both allow someone to make decisions for another person who can’t make them themselves. However, they are set up differently.
An LPA is set up before a person loses their ability to make decisions. It's proactive, allowing someone to choose a trusted person to make future decisions on their behalf.
On the other hand, a deputyship is arranged after a person has already lost their decision-making capacity. The Court of Protection appoints a deputy, rather than the individual choosing for themselves.
Setting up an LPA early can prevent the need for deputyship later on.
💡 Thinking about creating a Lasting Power of Attorney? Read more about the role of LPA attorney
The Importance and Impact of Deputyship
Deputyship is crucial for protecting those who cannot make decisions for themselves. It covers everything from managing finances to overseeing health care and personal welfare. Deputies ensure that their charges' rights and interests are defended, and decisions made reflect their best interests.
This role is not easy, but it’s a valuable way to provide peace of mind to an incapacitated person’s loved ones and ensure that vulnerable individuals receive the support they need.
