Deputy Lasting Power of Attorney

Deputy Lasting Power of Attorney

A Deputy is a person appointed by the Court of Protection to be legally responsible for someone who lacks capacity to make decisions for themselves, where there is no Power Of Attorney.

People may lack mental capacity due to, for example:

A person having:

• a serious brain injury/ illness
• dementia
• severe learning disabilities

The Deputy Order will set out the deputy’s powers.

The powers may relate to the person’s finances, property / accommodation circumstances, medical treatment, their personal welfare and other healthcare issues.

There are 2 types of deputy:

• property and financial affairs, e.g. paying household bills

• Personal welfare, e.g. making decisions about medical treatment and other health care issues.

An individual can apply to be either one type of deputy or both.

Procedure to becoming a deputy

The prospective deputy must be over 18, and is usually a family member or friend. However, anyone can apply to be appointed.

Here at Kingdom Solicitors, we complete and file to court the relevant application forms required and a suitable practitioner (usually the patient’s doctor) completes a medical report. An application fee is payable.

Usually court hearings are not required, provided that there are no objections to the application.

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.