New Deputyship Application Process

The Court of Protection has introduced a new process for individuals and professionals to apply for deputyship orders.

Deputyship orders

When an individual has lost the capacity to manage their property and finances and has not executed a Power of Attorney, someone close to them can apply to become a deputy. A deputyship order will be issued by the Court of Protection provided the applicant is a suitable person (i.e. of sound mind, no convictions for fraud or dishonesty, and not in financial difficulty themselves), and their application is unopposed, they will normally be appointed by the Court.

In more complex estates, or in circumstances where there might be a dispute between the protected party’s close relatives, the Court often prefers to appoint professional deputies who will charge for their services.

Deputies effectively deal with the protected party’s property and affairs on their behalf, and the deputyship order the Court will issue will enable them to deal with banks, financial institutions, and so forth. Deputies are permitted to spend reasonable sums on gifts for the protected party’s close relatives and purchase things needed for the protected party’s care and wellbeing, but within reason and there is close supervision from the Office of the Public Guardian. Deputyship orders traditionally do not automatically entitle a deputy to sell or transfer property and specific permission normally needs to be obtained by way of a separate Court application.

Long delays

The application process has been criticised because of how long it takes to get a final order. Delays in excess of six months were the norm, and when the protected party needs help sooner rather than later this can create difficulties for the protected party and their deputy in waiting.

However, there is a formal process that must be followed when seeking a deputyship order. The applicant needs to produce evidence of the protected party’s personal finances supported by a statement of truth, and at least three interested parties (other relatives, a social worker assigned to the protected party, and/or the protected party’s doctor, usually) need to be told of the application so that they have the opportunity to comment on it or oppose it if they don’t agree. This added to delays and the Court of Protection has recognised the difficulties this can create.

Pilot scheme

In June, many solicitors were invited to take part in a pilot scheme that involved filing all documents via an online portal and notifying “interested parties” prior to submitting the application (save for emergency cases). The result of this would normally be that when the application goes into Court, all the people who need to be given notice have had 14 days’ notice, and the documentation that the deputy is obligated to produce is all provided at once. This has resulted in delays of six to nine months coming down to eight to 12 weeks.

This will not apply, as far as we know, to health and welfare deputyship applications but these are quite rare and applications of this nature will almost always go to a hearing.

The pilot scheme has been successful in many respects and it is now going to become mandatory. From January 2023, solicitors and professionals will be required to use it for all new applications and access will be available to lay individuals from February 2023. There will be forms and guidance on the Court of Protection’s website in due course but if you are unsure, the best thing to do is to consult our Court of Protection team.