Whilst an Lasting Power of Attorney (LPA) allows someone to choose who they would like to make decisions for them in the future, if they cannot make them themselves, deputyship is used if the person has already lost the capacity to make an LPA, and someone has to request the ability to make decisions on their behalf. This is a far lengthier and costly four to six month process as an application has to be made to the Court of Protection. Many forms need to be submitted and certain categories of people notified (includes relatives of person lacking capacity). Then there is usually a two to three month wait to see if they object before the deputyship order can be authorised. Any objections will take many more months to resolve. In the meantime no-one will be able to make decision for the person who lacks capacity or access their funds to pay bills or care fees. This can cause problems should they require nursing care or if the proposed deputy needs to sell property or investments to release funds.

Pushing Up Daisyz specialise in court of protection applications and will be happy to complete all of the paperwork for you to ensure it is fully compliant and is not challenged by the court. We will advise you about the court fees when we discuss the application with you. However, some people who are on a low income or receive benefits, may be exempt from court fees, or only have to pay part of them.