Deputy
Deputy FAQs
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A Deputy is a person appointed by the Court of Protection to look after someone’s affairs who has already lost capacity (and cannot therefore execute an LPA)
Yes. But, because the donor has lost capacity, the Court of Protection has to make the appointment (of the Deputy) as the donor no longer has mental capacity to appoint a Power of Attorney (LPA)
Like an LPA, there are two types of Deputy appointments:-
- Property & Affairs; and
- Health & Welfare
The forms to be filled in to become a Deputy are:-
- COP1 – application form
- COP3 – assessment of capacity
- COP4 – Deputy declaration
- COP18 – supporting information
As with an LPA, a Deputy must be over 18 and of sound mind. To be a Property & Affairs Deputy, you must demonstrate to the Court of Protection that you are able and willing to deal with the persons finances.
The Court of Protection can also appoint a professional to act as Deputy. This might be a solicitor, accountant, or member of a local authority.
These are approved organisations such as solicitors practices where nobody else is available (eg family, friend, or known professionals).
If there is more than one Deputy, they must be appointed either:-
- JOINTLY – meaning has to be done together
- JOINT & SEVERAL – meaning they can act together OR independently
There is often no need for an actual court hearing (unless things are unsual). The fees are:-
- £371 – application fee
- £494 – Court Hearing fee (if one is needed)
- £100 – new Deputy fee (not payable if the Deputy is registered as a Deputy for someone else
There are also annual fees payable:-
- £320 – general supervision
- £35 – minimal supervision (where assets are less than £21,000)
Yes. A Deputy must report to the Court of Protection each year in a specified format (hence the annual fees payable).
Yes – there is a simple process to be followed allowing a Deputy to resign. A Deputy must however ensure that the application to stop acting has been granting before they stop their duties as a Deputy.
Contact
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