Have you ever needed to step in and act on a close family or friends’ behalf when they have been unable to make effective decisions for themselves? For example, because of a long-term illness or disability, or the onset of a condition such as dementia. Did they have a Lasting Power of Attorney prepared and in place to allow you to step in? If not, the chances are various organisations such as Banks, the Local Authority and Solicitors etc. won’t take instructions from you.
What is a Deputyship Order?
Until recently, applications of this sort have taken between 9 – 12 months, leaving you with a period where you are unable to make decisions for your loved ones. This can range from simple matters, like discussing a utility bill or tax rebate. It can also lead to more serious consequences such as being unable to access their bank account to pay for care fees or medical treatment.
The Court of Protection recognised the backlog of cases that they had and subsequently simplified the application process.
During the application, family, friends, and other appropriate people such as home care providers, are required to be notified when someone intends on applying to become a deputy. This gives them the chance to approve the appointment, disagree with it or if they so wish, join as an applicant. Previously this was conducted after the initial application had been submitted. The Court found delays in receiving the paperwork back and a greater chance of it being mislaid or missed. The notifying will now take place before the formal application is started, meaning that the Court will get all the information together rather than over several stages.
Also, for the first time, all property and financial applications are to be submitted online as Deputyships enter the digital era. This is a massive change in the right direction and it is hoped that it will streamline the application procedure going forward. A trial was conducted last year, and the Court of Protection found that Property and Financial Orders were being granted more quickly.
The Court are also hoping to include other Deputyship orders in the online system as well, such as personal welfare orders, which must still be submitted by post.
We still expect there to be some settling in time needed for the new procedures as everyone gets used to the new changes. Overall, this is positive news for those struggling to help their loved ones without any legal authority already in place.
Should I make a Lasting Power of Attorney?
Making a Lasting Power of Attorney in advance will save your family and friends worry in the future and the extra costs of applying for Deputyship Order. We are seeing an ever-increasing demand for Lasting Powers of Attorney both for property & financial affairs and health & welfare. They allow your attorneys to speak to professional bodies on your behalf such as banks and the Local Authority. At the time of making the powers of attorney you must have mental capacity. They must be registered at the Office of the Public Guardian before your family can act on your behalf. They remain the most effective and timely way of ensuring your loved ones can take care of your day to day needs in the future should you be unable to do so yourself.
To find out more about Last Powers of Attorney and Deputyship orders our Private Client Team will be able to assist you.
For more information, contact Gwyn James Solicitors or call 01600 775950
