Deputyship Applications

If a person loses mental capacity and has not made a Lasting Power of Attorney, then someone (or a number of people) needs to apply to the Court of Protection to act as their deputy so that they can make decisions on their behalf.

There are two types of deputy:

Property & Financial Affairs Deputy

An appropriate person or organisation applies to the Court of Protection for appointment as deputy to manage the client’s finances. The decisions covered by the deputyship order are decided by the court but will authorise the deputy to make decisions about many things the client could have done with regard to management of their financial affairs, such as running of bank accounts, management of investments and sale of a property.

Health and Welfare Deputy

An appropriate person or organisation applies to the Court of Protection for appointment as deputy to make decisions about the client’s health and welfare when they lack the mental capacity to do so. The decisions covered by the deputyship order are decided by the court but can be extensive and may include such decisions as where the donor lives, the care they receive, treatment and medication.

How can AIVuk help?

As part of the court application a COP3 form has to be completed, which includes a capacity assessment providing evidence of the client’s loss of mental capacity to manage their property and financial affairs or health and welfare. Members of AIVuk are experienced capacity assessors and have provided many COP3 capacity assessments for the court.

Please contact the member for your area if you need further information.