Property and Financial Affairs Deputyships

Property and financial affairs deputyships are one of the most common applications made to the Court of Protection. In such applications, applicants apply to the Court requesting to be appointed as a deputy, so that they can make ongoing decisions with regards to the property and financial affairs of someone who is unable to make such decisions for themselves, on the basis that they lack mental capacity.

The application comprises of many forms. Firstly, the Court of Protection must be provided with a range of information, including the names and addresses of all proposed deputies, and the details of the person who may lack capacity. This is accompanied by a detailed form outlining the property and financial affairs of the individual who may lack capacity, including details as to their bank accounts, investments, properties, business interests, and other information.

Most importantly, an application for a property and financial affairs deputyship is accompanied by a capacity assessment, prepared in the Court’s prescribed format, which assesses whether an individual has capacity to manage their own affairs.

Alongside these application forms, proposed deputies must also give a series of declarations and undertakings to the Court, so that the Court can assess whether the individual is appropriate to be appointed as a deputy. In addition, close family members and friends are notified of the intended application, and may raise objections should they wish to do so.

Once the Court has examined all the information provided in the application forms, together with the specific orders that the proposed deputy is seeking, the Court can either approve the application (subject to a deputy bond being in place), ask for further information, or determine not to grant a deputyship in the circumstances.

Once appointed, deputies must ensure to have a deputy bond in place, which functions as an insurance policy, and must be renewed each year. Deputies also have to submit annual reports to the Office of the Public Guardian, outlining key decisions they have made in their role as deputy, and other information. Deputies are also responsible for arranging payment of the OPG’s supervision fees.

There are many standards and obligations that deputies must adhere to. In addition, it is important that the application documents sent to the Court are complete and accurate to ensure that proper authority is conferred onto the deputies.

If you would like to find out more information regarding property and financial affairs deputyships, please do contact a member of our specialist Court of Protection Team.