What is Deputyship?
Deputyship is a legal arrangement where a court appoints a person to make decisions on behalf of someone who lacks the mental capacity to do so themselves
Who needs a Deputyship?
A Deputy is needed for an adult who lacks the mental capacity to make their own decisions regarding their property, financial affairs, or personal welfare, and who did not create a Lasting Power of Attorney before losing capacity.
Who can be a Deputy?
- Any adult (aged 18+) with mental capacity can be a Deputy; these are usually close relatives or friends of the person who lacks capacity.
- Some people are paid to act as Deputies, such as accountants or solicitors.
- A local authority can act as deputy of last resort if there is no one else prepared to act on the persons behalf.
A person can have 2 or more Deputies
What does a Deputy do?
A Deputy is responsible for helping someone make decisions, or making decisions on their behalf, in their best interests.
A Deputy should consider someone’s level of mental capacity every time they make a decision for them – they cannot assume it is always the same.
How do I apply for a Deputyship?
An application must be made to the Court of Protection – this can be done as an individual, or with support from Staffordshire County Council’s Client Affairs Support Service (for which a fee applies).
The Client Affairs Support Service can give advice about a Court of Protection Deputyship or a Lasting Power of Attorney.
Phone 01785 854376
Email cass@staffordshire.gov.uk
Is there a cost?
There is a cost to apply to be a Deputy, and there is a supervision fee every year which enables someone to continue to be a Deputy.
If a local authority acts as deputy, fees and administrative costs will be legally taken from the estate of the person who lacks capacity.
What is an Appointeeship?
An Appointeeship is a legal arrangement that allows someone to manage a person’s state benefits when they cannot do this themselves. This is usually because theylack capacity or are severely physically disabled and unable to access the community
Who needs a Appointeeship?
An Appointeeship is designed for people who have very limited financial resources and who cannot manage their own affairs.
It may be the best option if the person has a low level of savings, only receive state benefits, has no other income or significant assets or has no family or friends who can act on their behalf.
Who can be an Appointee?
Any adult (aged 18+) with mental capacity can be an Appointee; these are usually close relatives or friends of the person who lacks capacity.
Specialist providers, who are approved by DWP, provide a service for a fee.
A local authority can act as appointee of last resort if there is no one else prepared to act on the persons behalf.
A person can only have 1 Appointee.
What does an Appointee do?
An Appointee takes responsibility for collecting the person’s benefits and spending them in the person’s best interests. An Appointee cannot usually manage someone’s savings or other income, act as a financial representative for Direct Payments or make medical or care decisions.
How do I apply for an Appointeeship?
The application for an Appointeeship depends on the type of benefit the person is receiving but is overseen by the DWP.
The Client Affairs Support Service can give advice about a Court of Protection Deputyship or a Lasting Power of Attorney.
Phone 01785 854376
Email cass@staffordshire.gov.uk
Is there a cost?
If a local authority acts as an Appointee, fees and administrative costs will be legally taken from the estate of the person who lacks capacity.
