In case an unfortunate event happens and a loved one loses capacity to make decisions for themselves and there is no lasting power of attorney in place, you’ll not automatically have the power to make decisions on their behalf. The good news is that there’s a way to subsequently obtain that authority. By this we are merely implying to deputyship application.
Some people tend to confuse deputyship and lasting power of attorney. However, these two are different in their own ways. A deputyship may be needed if an individual no longer has capacity to make lasting power of attorney. As for lasting power of attorney, it is a document offering the chose attorney the power to make decisions on behalf of another in the event they later lack capacity to do so.
It is worth mentioning that there are two types of deputyship you should know about. A deputy may be appointed to make decisions about P’s property and financial affairs and/or health and welfare. If you want to apply for both, you will need to make two separate applications.
After completing deputyship application, it is important to note that there are some decisions deputies cannot make for a person. Whether a deputy has authority to manage a person’s property and financial affairs and/or to make decision about health and welfare, a deputy can’t cease treatment aimed at keeping a person alive, or decide who the person marries or divorces.
When it comes to completing the deputyship application process, you need to make it to the Court of Protection to apply to become a person’s deputy for property and financial affairs or health and welfare, or both. To support your deputyship application, the court will need evidence confirming that a person lacks the capacity to make the relevant decisions and sufficient evidence as why a deputy needs to be appointed on behalf of the person.
Notification of deputyship application will be sent to those who may be interested in a person’s case and if no objection is raised, it will proceed smoothly. The court may request further information from the individual applying to become a person’s deputy. For instance, if there is insufficient evidence of a person’s capacity, the applicant may have to get further information and submit this to the court. Only then can the deputyship application be approved by the court.