What is a deputyship order?
12 April 2019
If someone loses the ability to make their own decisions and they don't have a Lasting Power of Attorney in place, their loved ones will need to apply to the court for a deputyship order. This is a legal document granted by the court which gives someone legal authority to make important decisions on behalf of a person who is unable to make or express their own.
While a deputyship order does give someone authority make decisions, it can be an expensive and time consuming option.
How does a deputyship order work?
A deputyship order grants a named person with legal authority to manage another person's affairs. There are two types of deputyship order available; one for health and welfare and one for property and financial affairs.
There are some things to be aware of:
1. The cost of a deputyship order
The cost of a deputyship order is significantly higher than an LPA.
To have a deputyship order granted by the court, there will be an initial expenditure of around £4,789. There will then be annual ongoing costs incurred during the deputyship, which can amount to £1,904 per year.
There are no ongoing annual costs for an LPA and the initial set up costs are also much lower than they are for a deputyship order.
For more information and a full breakdown of each of the associated costs, see our article the true expense of not having an LPA.
2. Who puts a deputyship order in place and when?
An application for a deputyship order can be made by anyone.
Once someone has lost mental capacity (the ability to make their own decisions), the only option for their loved ones will be to apply for a deputyship order. This can be done after the person in question has lost capacity.
3. How long does it take to make a deputyship order?
Applying for a deputyship order can be a long and complex process for loved ones, taking several months to be finalised. In the meantime, no one has the legal authority to manage the finances of the individual in question or to make important decisions on their behalf.
4. Who decides who to appoint
With a deputyship order, the decision of who to appoint is taken out of the hands of the individual in question. Anyone can make an application for a deputyship order and it is then up to the court to decide who to appoint.