What Is a Deputyship Order?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• Can I Challenge or Contest a Will?
• I Think a Will is Invalid. What Do I Do?
• What Makes a Will Legal?
• Can I Change My Will?
• How Can I Revoke a Will?

INTRODUCTION

For an individual (Person A) preparing to leave their Estate to their loved ones, there may come a time when they suddenly lose the ability to make certain decisions due to injury, illness, or other circumstances, and they have not prepared for this eventuality.

A Deputyship Order is a legal document granted by the Court that permits a designated individual (Person B) to handle Person A's affairs when such time comes that they cannot do so themselves.

This article explains when a Deputyship Order is required, how to obtain it, and the responsibilities covered by a Deputyship Order.

DEPUTYSHIP ORDER VS. POWER OF ATTORNEY

Effective estate planning means you need to realistically account for the possibility that you may experience mental incapacity at some stage in your life, with the risk that you lose the mental capacity to manage your Estate and other affairs.

• This is usually when a Lasting Power of Attorney (LPA) comes in – a legal document that enables you to appoint one or more individuals (referred to as "attorneys") to make decisions on your behalf in the event you're unable to do so. Usually, these decisions relate to personal welfare, health matters, and finances.

• On the other hand, a Deputyship Order becomes a vital tool in cases where you don't have an LPA in place, and you subsequently lose the ability to make decisions for yourself. A Court-appointed individual gives a designated individual the authority to make decisions on your behalf when you've already lost mental capacity.

RESPONSIBILITIES COVERED BY A DEPUTYSHIP ORDER

Deputyship Orders cover two key areas:

• Property and Financial Matters: Decisions on property, financial accounts, money, and bills.

• Personal Welfare: Decisions about healthcare and day-to-day life. However, courts rarely make orders in this area because they usually prefer that these decisions be made in the absence of a long-standing legal requirement.

THE APPLICATION PROCESS

To seek a Deputyship Order, you must apply to The Office of the Public Guardian (OPG), which is the agency that helps people in England and Wales make important decisions for others who cannot decide for themselves.

The application process involves the following steps:

• Application Process: The application involves supplying substantial information to prove there's a requirement for deputyship and to make the case for the suitability of the proposed Deputy.

• Application Costs: The application process involves substantial fees, usually ranging between £2,000 to £3,000. Fees cover the application, court costs, medical assessments, and potential costs for legal assistance.

• Applicant Background Checks: Applicants for Deputy positions must undergo rigorous background checks to ensure they have no criminal record and their financial history is both stable and reliable.

• Timescales: Given the thoroughness of the application, it can take several months to complete.

CONSIDER A LASTING POWER OF ATTORNEY INSTEAD

Given the complexity, costs, and stressful circumstances surrounding a Deputyship application, we strongly recommend you carefully consider establishing a Lasting Power of Attorney (LPA) to avoid finding yourself in any such potential scenario in the future.

The LPA is widely regarded as a solid, proactive component of your estate plan, providing a more cost-efficient, less stressful way of handling your affairs, should such circumstances arise one day.

Need to know more?

If you have any questions about your estate plan, feel free to contact us for an initial free no-obligation call, where we'll bring you through some options to secure peace of mind for you and your loved ones.

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.