A deputy can be a professional or an individual. In many cases, the deputy is a family member who acts on behalf of a loved one who no longer has capacity.
Applying to be a deputy:
To become a deputy, you need to make an application to the Court of Protection. The Court will then consider the application and the suitability of the applicant before making its decision on whether to grant the deputyship order.
The application process has numerous steps which must be taken to ensure that it is completed correctly. It is important to seek legal advice and guidance on the application process, as the court may not accept your application if you do not provide the correct information.
At MLP Law we provide advice and guidance on the application process together with the ongoing responsibilities of the deputy.
Once appointed, acting as a deputy can be a long and onerous journey. The court order details what you can and cannot do as a deputy. When you have the order, you are able to start acting on the person’s behalf.
However, there are a number of important steps which must be taken including: –
- Opening a deputyship account/security bond
- Registering your Order with financial institutions
- Set up a record keeping system for decisions made
- Registering with HM Revenue and Customs
- Annual accounts of dealings and decisions
The requirements of the deputyship can be quite exhaustive and it is advisable to seek professional guidance.
If you are unsure of how to deal with something or matters become complicated, it is best to seek advice and help to ensure the correct steps are taken in the best interest of the person. Our Court of Protection solicitors are able to provide clear and straightforward advice on deputyship applications and the ongoing management of a person’s welfare and assets. We can assist you with any future applications which may need to be made such as selling a property or making gifts.
For more information on how we can support you as a deputy, please contact a member of the Wills, Trusts and Probate Team: 0161 9269969 or WTP@mlplaw.co.uk
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