Four main stages of applying for a deputyship order:
- To apply for a deputyship you must complete and send your application to the Court of Protection with the application fee. Your application must include an assessment of capacity which would need to be completed by a medical practitioner or social worker.
- Serve a notice to the following people with the application:
- The person who you are applying to be a deputy for
- Three or more people who you have named in the application as having an interest in the matter
- Confirm to the Court of Protection that you have served notice
- The Court of protection will contact you to confirm the following:
- If your application has been approved
- If you need to set up a security bond
- If you need to provide more information
- If there is going to be a hearing (there is usually no hearing regarding an application to become a property and financial affairs deputy)
What happens after you are appointed as a deputy?
If you are appointed as a deputy you will be sent a Court order and official copies which detail what you can and cannot do. You will need to send the official copies and ID to institutions and organisations which the other person is connected with and keep annual reports.
What needs to be included in an annual report?
An annual report must be sent to the Office of the Public Guardian with the following information included:
- The person’s finances
- The decisions you have made
- The reasons for your decisions
- How the decisions were in the person’s best interests
- Any advice you had received before making the decision
Is there any supervision of Deputies?
The Office of the Public Guardian are authorised to supervise deputies and provide advice and support. Within the first year of being a deputy you will get a ‘general’ level of supervision. After a year this may be reduced to ‘minimal’ supervision if:
- You are a property and financial affairs deputy
- You are managing less than £21,000
- The Office of the Public guardian consider that you no longer need general supervision
What accounts are deputies expected to keep?
A deputy must keep clear accounts and keep copies of:
- Bank statements
- Correspondence relating to your role and activity as a deputy
What expenses can a deputy claim?
A deputy can only claim expenses for any fees that must be paid in order to carry out their responsibilities (i.e. Travel costs, postage etc.). a deputy cannot claim expenses for their time spent acting as a deputy (unless they are a professional deputy) or for costs incurred from social visits.
Can a deputy make gifts?
If you are able to make gifts on the other person’s behalf, this will be stated in the Court order. The Court order may place an annual limit on the amount and size of gifts which a deputy can make and all gifts must be reasonable. If a deputy wanted to make a one-off large gift then they would need to apply for permission form the Court of Protection.