What are the next steps for making an application?
The application process can be daunting and you may wish for our expert team of solicitors to deal with this. If you wish to be appointed as Lay Deputy, we will get medical evidence and make an application to Court on your behalf. The Court will send a Court Order, appointing you as Deputy and setting out what the Deputy can do.
Why use Linder Myers?
Completing the application can be overwhelming as it involves using forms set by the Court, completing them correctly, following the process in the right order, within the timeframes set by the Court, paying the right Court fees and making sure that you notify all the right people and ask the Court for all the types of authority needed.
The application to Court can take 16 weeks or longer but we can ask the Court to deal with this urgently for you. We can visit you at your home to provide advice and will answer your questions and any concerns throughout.
How much does it cost and who pays?
We will charge a reasonable and competitive fee for making the application to appoint a Deputy. Our fees are assessed by the Court but please ask us for a free quote.
- The medical practitioner sometimes charges a fee for completing the medical evidence but we will try negotiate a smaller fee.
- The Court charges an application fee of £400, an appointment fee of £100 and an annual supervision fee, usually of £320 per year but we will check if it is possible to get a reduction.
- Finally, the Deputy must take out insurance, known as a security bond, to cover their actions. The amount is set by the Court but we have experience in asking the Court what level to set it at so it is affordable.
All fees are paid from the assets of the person who lacks capacity. If you want to be appointed as Lay Deputy we usually offer that we will wait until you are appointed and have access to the assets before you pay us our legal costs. You can recover any costs incurred in making the application from
How can we help you once you are acting as Lay Deputy?
The duties and responsibilities of being a Lay Deputy can be straining and time-consuming, especially if you have other family commitments or a job. You must account to the Court, budget and manage finances and co-operate with the Office of the Public Guardian, a regulatory body, who might wish to meet you or ask questions about the Deputyship. You may find it helpful for us to support you along the way to meet your new duties as Lay Deputy, or understand your role.
- Need help with the Deputy Report? You must provide a Deputy Report and an annual account to the Office of the Public Guardian, the regulatory body, every year. These need to be in set forms and you must explain what decisions you have made, detail the financial transactions, assets and affairs and account for all income and outgoings, with explanations where necessary. These forms changed in 2016 and they now ask for a lot more information and we have found that the Office of the Public Guardian have increased the level of their supervision and often come back to the Deputy to ask questions arising from the Deputy Report or the accounts given.
At Linder Myers, our Court of Protection department regularly deals with the completion of accounts and Deputyship reports. We can complete the report or go through the accounts with you and deal with any enquiries or correspondence from the Office of the Public Guardian.
- Need advice about your role as Deputy or managing funds? You must act and make decisions in the best interests of the person who lacks capacity and apply the principles set out in the Mental Capacity Act 2005 and the Code of Practice. This is the law for this area and lots of Lay Deputies find it complicated and benefit from our advice. This may be general advice about best interests and decisions or how to budget and manage finances. Or, you may need advice on specific issues such as their income tax, welfare benefits, the level of security bond, the investment of their funds and selling, buying or renting property. We can also assist you to consider gifting, wills and estate planning as well as whether any further applications that may be required.
Our dedicated team is experienced in these matters and can provide you with the necessary advice and reassurance to make you comfortable and supported in your role as Lay Deputy.
- Need help with making further applications to Court or understanding what you can and cannot do as Deputy? A Deputy’s authority is set by the Court and an application to Court is needed if you need additional powers. If you accidentally make a decision or do something which you do not have the authority to do, then the Office of the Public Guardian can investigate and ask for an account. They may also look to have you removed as a Lay Deputy if it is serious.
- Not sure about acting as Lay Deputy? It is often the case that there are no family members or friends who want to or are able to act as Lay Deputy. Or, they prefer to put their trust in us as a Professional Deputy rather than take on the strain of the responsibility themselves.
For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email firstname.lastname@example.orgMeet the Court of Protection team Find out more about Linder Myers acting as Professional Deputy