- Advice
- Deputyship
Deputyship
Deputyship allows someone to make decisions for a person who lacks mental capacity. This legal process is necessary when a person cannot make decisions for themselves, and they haven't previously created a Lasting Power of Attorney or Enduring Power of Attorney. Deputies are appointed by the Court of Protection.
You can apply to be a Deputy for:
- Property & affairs (property, possessions, money etc.)
- Personal welfare (where they live, healthcare, personal care etc.)
- Both of the above
You do not always have to apply to be a Deputy in order to make decisions, its worth understanding what decisions your young person might need support with and if that requires you to become a deputy.
One family said,
In terms of hindsight, it would have been better to apply for Deputyship (Health and Welfare) when our children were on the cusp of adulthood. The local authority misunderstands the legislation and will generally agree to a positive plan, if you have Deputyship; however, it is really difficult to get. Some parents had problems with getting their children into the SL house and had to apply to the Court of Protection. Applying was costly and quite nerve racking. There is a lot of bureaucracy involved and it is important to meet regularly in order to iron out any problems as they arise
Deputyship was difficult to get, in terms of the amount of time it took, rather than the other parts of the process. It was helpful to have a legal voice when talking to Continuing Health Care about where people should live, it gives you weight in those conversations and helps you push for what your young people want.
Resources
The Challenging Behaviour Foundation
had an information sheet on this.