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Types of Deputyship Applications

What is a Deputyship Application?

If someone is not able to make decisions for themselves an application can be made to the Court of Protection for a person to be appointed as a Deputy to make decisions and act on their behalf.

Somebody’s decision making capacity may be impaired because of severe learning disabilities, an acquired brain injury, a brain disease or mental illness.

The different types of Deputyship

There are two types of Deputyships; Property and Financial Affairs and Health and Welfare.

As a financial Deputy you can manage a person’s finances with the required legal authority. This may involve making investments, opening and closing bank accounts, selling property and purchasing a property. It will also involve day to day matters such as paying bills and spending money on their behalf.

As a Deputy you are supervised by the Office of the Public Guardian (“OPG”) and are required to submit annual accounts.

A Health and Welfare Deputy can make decisions on behalf of a person (aged 16 or over) regarding their medical treatment and how they are cared for, if the person lacks mental capacity to make those decisions for themselves, at the time those decisions need to be made.

The types of decisions that you may need to make are:-

  • Where a person should live/With whom they should live
  • Decisions on day – to – day care, including diet and dress
  • Consenting to routine medical or dental examination and treatment on their behalf
  • Arrangements for the provision of care services
  • Whether they should take part in particular leisure or social activities
  • Complaints about their care and treatment

There are certain decisions that cannot be made by a Health and Welfare Deputy and these are:-

  • Decisions where the person can make that decision for themselves
  • To prevent somebody having contact with them
  • Consent to specific treatment if the person has made a valid ‘advance decision’ to refuse that specific treatment
  • Refuse consent to the carrying out or continuation of life-sustaining treatment

If you would like to discuss further please contact Scott Walker on 01689 887858 or email scott.walker@cwj.co.uk

 

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