Applying for a Deputyship Order can be a lengthy process and it will often take 6 months or more for the Order to be granted. Therefore, if someone you know requires assistance it is advisable to start the process as soon as possible to avoid delays.

The first stage of the process will be to arrange for a doctor to assess the person who you believe lacks capacity, as the doctor will need to provide a report in a specific format to the Court confirming that the person is unable to manage their own affairs.

A number of Court application forms must be completed, including a schedule providing detailed information about the person’s assets. It is important therefore to start collating this information at the earliest opportunity. Detailed information about your own situation must also be provided to the Court so that they may assess whether you are a suitable candidate to be appointed as the deputy.

If the person is in a care home and you are seeking permission from the Court to sell their home to fund the care, there may also be deprivation of liberty considerations. The Court may wish to consider whether it is appropriate for the person to be denied the ability to return to their home in the future and reports from the Local Authority may be required to support the application.

H & B Solicitors are specialists in making Court of Protection Deputyship applications and can advise and support you throughout the process to ensure your application is processed as smoothly as possible.