When a loved one loses the ability to manage their finances perhaps due to illness, a brain injury, or a condition like dementia it can be difficult to know what to do next.
If there’s no Power of Attorney in place, the next step is often to apply to the Court of Protection to become their deputy.
Molly Evans is a Court of Protection Manager and specialises in helping families make successful lay deputyship applications. She explains deputyship and what it might mean for you.
What is deputyship?
Deputyship is a legal arrangement where the Court of Protection appoints someone to make decisions on behalf of a person who lacks mental capacity to do so themselves. The appointed person is known as a deputy and is usually a family member or close friend. In some cases, a professional deputy may be appointed instead.
A deputyship order gives that person the legal authority to manage the financial and property affairs of the individual who lacks capacity. This can include paying bills, managing bank accounts or making decisions about property.
Why would I need it?
You may need to apply for Deputyship if your loved one:
- No longer has the mental capacity to manage their financial affairs
- Didn’t put in place a Lasting Power of Attorney before losing capacity
- Has property, savings, pensions or other financial assets that go beyond standard benefit payments
- Needs someone to manage their finances, access their funds to pay for care or sell their home.
Without a deputyship order in place, you won’t have legal authority to access their bank accounts to deal with financial matters, even if you are their close relative.
What does it mean to lack mental capacity?
A Person is said to lack mental capacity when they are unable to make a specific decision because of an impairment in the functioning of their mind or brain. This means something like dementia, brain injury or mental illness is affecting their ability to understand, weigh up, or communicate a decision.
To establish whether someone lacks capacity, we will instruct an independent social worker to complete a capacity assessment.
Who benefits from a deputyship?
Your loved one who lacks capacity will benefit directly as their finances will be safeguarded, bills are paid, and their needs are met.
Family members also benefit as they gain the legal ability to act which will in time reduce difficulties and stress.
Professionals like social workers, carers and care homes also appreciate the clarity deputyship brings when it comes to arranging care or managing payments.
How long does the process take?
A standard lay deputyship application typically takes 6 to 9 months, this can vary depending on the complexity of the case and how quickly certain steps are completed.
We aim to prepare all necessary documents promptly and accurately, helping avoid delays and ensure the application is processed as efficiently as possible. While the Court ultimately controls the timeline, our focus is always on moving things forward smoothly and supporting you throughout.
If you’ve been told you need to apply for deputyship, or you’re simply exploring what’s involved, we’re happy to talk it through with you. Many people delay starting the process because they’re unsure or overwhelmed, but with the right guidance, it doesn’t need to be difficult.