If you were ever unable to manage your own affairs, whether through an accident, an illness, or simply old age, and you hadn’t put a Lasting Power of Attorney (LPA) in place, your family can’t automatically step in on your behalf. Instead, someone close to you would need to apply to the Court of Protection to be appointed as your Deputy.
It’s a well-established, safeguarded process, and it exists for good reason: to protect people who don’t have anyone close to them who can help. But if you do have people you trust, it’s usually a longer, costlier and less certain route than simply having an LPA already in place.
Here’s what it actually involves.
What is the Court of Protection?
The Court of Protection makes decisions on behalf of people who no longer have the mental capacity to make decisions for themselves, and don’t have an LPA. It can appoint a Deputy, someone given legal authority to manage that person’s affairs, whether that’s their finances, their property, or their care and welfare.
How does the application process work?
Whoever wants to apply, usually a close relative, needs to provide detailed information about themselves, their finances, their relationship to the person they want to help, and medical evidence confirming that person’s lack of capacity. It’s a formal court process, and the paperwork needs to be right.
How long does it take?
In a straightforward case, applying to become a Deputy typically takes around four to six months. However, the Court of Protection has been experiencing significant delays, and current timescales are often running to nine to twelve months, sometimes longer if the application is contested or a hearing is needed.
That’s a long time for a family to be without the ability to manage a loved one’s finances or make care decisions on their behalf.
Who decides who becomes the Deputy?
This is one of the most important differences from an LPA. With an LPA, you choose your own attorney in advance. With a Deputyship application, it’s the court that makes the final decision, and while it will usually try to appoint a family member, it doesn’t have to. In some cases, particularly where family members disagree or the situation is complex, the court can appoint a Panel Deputy instead, typically a solicitor who works for the Office of the Public Guardian or a local authority.
What does it cost, and does it end there?
Beyond the application itself, being appointed as a Deputy comes with ongoing responsibilities. Deputies must pay annual supervision fees and report regularly to the court on the decisions they’ve made and how they’ve managed the person’s affairs. It’s not a one-off process, it continues for as long as the Deputyship is in place.
The simplest way to avoid this
None of this is necessary if you’ve already set up a Lasting Power of Attorney while you’re able to. An LPA lets you choose exactly who acts for you, and for what, well in advance, so your family never has to go through the Court of Protection process at all.
If you’d like to put an LPA in place, we make it straightforward. We’re based in Caversham, and we’re happy to talk you through it face to face or over the phone.
Find out more about setting up a → Lasting Power of Attorney
Call 0118 948 4381 or click here to book a free appointment
