Applying to appoint a Deputy – an infuriating process
If someone loses capacity to make decisions and hasn’t prepared a Lasting Power of Attorney, the only option will often be to apply to the Court of Protection to appoint a Deputy.
For years now, the process has remained pretty much the same and it can be an infuriating process for anyone who does not know what to expect.
To start with, there are a lot of forms to complete, and I mean a lot. Effectively, the Court of Protection wants to know everything about the person who has lost capacity and a lot about the person who is applying to be the Deputy.
Worse still, it is not a straight forward sequence of steps to follow. Rather, the application will proceed much more quickly if you jump to certain steps first, a bit like preparing a Gousto meal for those that have ever tried it. You often need to prepare the dressing before you cook the meat so to speak.
Then just when you think you have succeeded and lodged the application with the Court of Protection, you then find you have to go back and notify a whole range of people, within a strict timescale, all before the Court will even consider the application.
Changes to the process – small improvements
Thankfully, for the first time in quite some time, the Court of Protection has tried to streamline the process, namely by bringing forward the notification process and moving the application process online.
These changes were brought in with little fan fare in January 2023 and more details can be found here: https://www.gov.uk/become-deputy/apply-property-financial-affairs-deputy
From what I have seen from the applications I have submitted since the changes were made, the new process is certainly an improvement, particularly for solicitors who are used to the application process. However, I suspect members of the public having a go at this for the first time will remain just as confused as they often have been in the past.
Professional help can make life easier
Applying to appoint a Deputy is not straight forward and it can be very time consuming.
For anyone thinking about giving it a go, it is certainly worth a chat with a solicitor beforehand to check whether the cost of getting help will be more valuable to you than the time and cost lost in trying to deal with it yourself.
