Deputy Orders
If you wish to represent someone who no longer has the mental capacity to look after themselves and they have not appointed attorneys (or those attorneys cannot or no longer wish to act), you could consider applying to the Court of Protection ’the court’ for a Deputy Order.
If the court agrees to your appointment it will give you certain powers that will be set out on the order itself. The powers can be over the persons property and financial affairs, their health and welfare, or both. A deputy order is a significant responsibility and you should always take legal advice before proceeding.
The Deputy Order may allow you to make decisions that will have a significant affect on the person concerned. The court has appointed you, rather than the person themselves, so they will keep a close watch on what you do through their supervision regime and will expect you to hold insurance in case anything goes wrong.
The court will supervise you and ask you to report your actions to it. With the higher levels of supervision the court will ask to approve decisions before they are enacted. Generally close family members will receive lower levels of supervision than more distant relatives or friends. The court charges fees for its supervision and these range from nothing to £800 a year, depending on the level of supervision required.
As a deputy you will need to act only in accordance with your deputy order and adhere to the five statutory principles of the Mental Capacity Act 2005. You will always be expected to make decisions in the persons best interest.
Prior to the Mental Capacity Act 2005 Receivership Orders performed a similar function to Deputy Orders.
2 responses to 'Deputy Orders'
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Tim
Added 05-Jul-2011 08:56
It’s good to get a professional’s take on this report. I find it interesting that it appears to be concentrating on addressing the immotive subject of having to use most of a persons assets to pay for care and therefore losing "the family inheritance", whilst the more concerning problem is the "driving down" of the quality of care the system is able to provide due to the current underfunding by local authorities. Will the implementation of these recommedations solve this problem?