Do you need a Deputyship Order?

Are you responsible for someone who lacks the mental capacity to manage their financial affairs? If so, if they have not made either an Enduring or Lasting Power of Attorney appointing you in an official capacity, you will need to make an application to the Court of Protection to be appointed as their Deputy.
A Deputyship Order is an Order from the Court of Protection authorising someone to manage the Financial Affairs of the person who lacks mental capacity. In certain circumstances, the Court can also make Deputyship Orders relating to Health and Welfare matters.
A common scenario triggering the need for a Deputyship Order, is where a parent has been discharged from hospital and a Nursing Home needs to be found for that individual. This will necessitate the signing of a contract with a Nursing Home and payment of the Care Home fees. It is not possible to have access to an individual’s finances, nor contract on their behalf without legal authority either in the form of an Enduring or Lasting Power of Attorney, or a Deputyship Order.
We recommend that everyone makes a Lasting Power of Attorney, so that in the event of mental incapacity, important decisions can be made by someone you know and trust. However, if such documentation is not in place, we are specialists in the Deputyship application process and can assist you throughout the procedure.
For further information or advice, please contact us on (01267) 237441 or e-mail us at mail@utk.co.uk