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The responsibilities of a deputy for an incapacitated person

The responsibilities of a deputy for an incapacitated person are extensive according to Northwich solicitors Stonehewer Moss. Whether a person is incapacitated is a matter of medical opinion and should be ascertained by asking his or her GP to assess and complete for COP3 issued by the Court of Protection. If so advised, you should meet the individual with the completed application to become a deputy called COP1 within 14 days of your application  and explain you are making the application to court, that the application is because his or her ability to make decisions is being questioned and the role of the deputy, which could be welfare and financial or only one of those functions. You must ensure you can evidence this meeting and that the person is made aware of the places at which they can get advice. You must leave Form COP 14 and an acknowledgment form with the person. You can instruct a representative such as a solicitor to make this visit. Within the same timescale you must give notice to certain persons identified on the application form, who will have the opportunity to object to your appointment by the court. Notice of compliance with each of these steps must be  filed at court on forms COP20A and B within 7 days.

There are fees to pay, currently £400 to apply and a further £500 if the court decides to hold a hearing before your appointment. The court can order you to provide financial security as a condition of your appointment and each year you must pay an annual charge, currently £320 unless a small value case. The fees can be refunded afterwards if appointed from the resources of the incapacitated person.

If appointed related to finances, you must keep financial records and may be ordered to open a separate account. The role of deputy must be carried out without advantage to you are anyone but the incapacitated person. You will not be able to sell property without specific order of the court. Notice of finances appointment should be given to account holders of the incapacitated person. If a welfare deputy you may have onerous duties such as decisions on medical treatment but an order will be required if it is life sustaining.

The physical and personal integrity of the person must be respected, so you make decisions suitable and in keeping with how the person cared for their own affairs.

For help completing application for a deputy or to seek to appoint your own attorney under an LPA if you have mental capacity please call 01606 872200 e mail visit to view similar blogs

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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