Who Needs a Deputyship Order?

Rebecca Parr

Deputyship Orders Who may need one and why?

A person may require a deputyship order in circumstances where they have lost mental capacity and there is no Lasting Power of Attorney in place. A deputyship order appoints a deputy to deal with that person's affairs on their behalf.

A person may not have capacity for a variety of reasons such as dementia, Alzheimer's, a stroke or other impairment that affects the mind or brain.

Anyone can can be a deputy but it is usually a family member, friend or professional, provided they are over the age of 18 years.

There are two types of deputyship orders: a property and affairs deputyship and a personal welfare deputyship. Personal welfare deputyships are rare however, and are only appointed in extreme cases.

Property and affairs deputyships are more common and allow a deputy to manage a person's financial affairs, such as paying their bills, collecting their income, selling a property, dealing with any investments and the payment of care home fees, providing they are acting in that person's best interests. 

A deputy can only be appointed by the Court of Protection, who make their decision based on an application which includes a capacity assessment, usually completed by a doctor.  

If you are concerned that a loved one or someone you know has lost mental capacity, is not able to manage their affairs and there is no Lasting Power of Attorney in place, then our private client team would be happy to assist.

Contact us today for a no obligation discussion about how we can help.