Applying to the Court
Anyone wanting to assume the role of Deputy (or Guardian in Scotland) needs to apply to the Court of Protection. The Court then decides whether or not the person concerned is able to make decisions for themselves, and whether the friend or relative (and there can be two or more Deputies appointed) is an appropriate person to act on their behalf. If they approve the application, a court order will be made setting out what decisions the Deputy is allowed to take.
The Deputy may be required to report regularly to the Office of the Public Guardian to ensure that all actions taken are in the person’s best interests. If the Deputy is responsible for property and financial affairs, they may be required to provide some form of security such as a guarantee bond to cover any loss they may incur.
Fees payable and timescale
There is a set-up fee of £400 when an application for Deputyship is made, a Hearing fee of £500, a £100 Assessment Fee, and an annual supervision fee that can range from £35 to £320. The application process can take between three and six months.
The role of Deputy can be onerous, costly and takes time to put in place. For these reasons, we’d recommend making an LPA whilst you have the mental capacity to understand the effect of doing so. It will certainly make life simpler for your family later on. However, if you need advice on becoming a Deputy, do get in touch.