A Deputyship Order or Court of Protection Order is needed when someone who lacks capacity requires assistance to deal with the ongoing administration of their property and financial affairs or their health and welfare needs.
A Deputyship Order can be issued to an individual on their own or to more than one person jointly (which means they have to act together) or jointly and severally (which means they can act together or independently of each other). Once granted the Deputyship Order provides authority to make decisions and exercise the powers contained in the order. Every Deputyship Order is different according to the circumstances of the individual.
Deputyship Orders relating to property and affairs are common. Many applications are made to the Court of Protection each year. These orders usually enable the management of bank and building society accounts, investments, and property portfolios. They also authorise the collection of pensions, rental income, and investment income. It enables a deputy to sign tax returns and any paperwork required to put into effect actions that need to be taken by them. Often the court will place restrictions and conditions on the purchase and sale of property.
Deputyship Orders relating to health and welfare needs are in comparison quite rare. Only a few have been granted and these were in complex situations where there were frequently changing health and welfare needs. The Court of Protection anticipates that most health and welfare decisions will be made by best interest decision making and expects applications to be made as a last resort.