If a loved one is unable to manage their own affairs or make their own decisions regarding their personal welfare, you may need to obtain a form of authority to act on their behalf. If they have already made a Lasting or Enduring Power of Attorney then this should be used in the first instance. However, if someone loses mental capacity before having the chance to make a Lasting or Enduring Power of Attorney, an application to the Court will have to be made for what is called Deputyship.

Who can be a Deputy?

The only legal requirements to become a deputy is that the person is over 18. Deputyship is usually given to a close friend, family member or Law firm, in some circumstance’s Local authorities or organisations such as The Money Carer Foundation have been approved as deputy by The Court of Protection.

There are two types of Deputy

  • Property and Financial Affairs– Paying bills and organising a pension.
  • Personal Welfare– Making decisions about medical treatment and how someone is looked after.

What is the Difference between getting Deputyship and getting Power of Attorney?

Do deputies need power of attorney?
Power of Attorney enables a person to act on your behalf. It must be given while the donor (the person who wants you to act) has mental capacity. If a deputy is required that means the person is mentally incapable and so unable to create an ordinary power of attorney.

Applying for Deputyship can be a daunting procedure. At Steele Rose, we have a number of experts who can assist you every step of the way, providing valuable support at a difficult time. For more information or to speak to a member of the team please call 01722 410009.

By accepting free advice, you are under no obligation to use our services.

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