There will be a fourteen (14) day wait – after telling other people with any interest – that you applied to be a deputy. The purpose is to give others an opportunity to object against your appointment.
The Court of Protection reviews the application. They will then inform the applicant whether:
- They have approved the application (or rejected it).
- They need extra information to support the application (e.g. a report from social services).
- The court will hold a hearing to seek further information (e.g. if someone objected to the appointment).
As a rule, there will be no need for the court to hold a hearing if your application was to become a property and financial affairs deputy.
Telling the Person about a Court Hearing
If the court decides to hold a hearing they will send you a notice with the date and the venue. If this is the case, you must visit the person you are going to be deputy for and inform them about it:
- Within fourteen (14) days of receiving the notice from the court.
- At least fourteen (14) days before the date of the court hearing.
Use Form COP14 to give them notice about the proceedings. The guidance notes will help you fill in the document. You must also explain to them that they can contact the staff at the Court of Protection for help and advice.
Follow that by sending a certificate of service Form COP20A to the Court of Protection. Do this within seven (7) days of telling them.
Note: There will be extra deputy fees to pay if the court decides to hold a hearing to make the final decision.
Once You get Appointed
You will receive a ‘court order’ after getting appointed as a deputy. The court order explains the responsibilities of deputies (what you can and cannot do).
So, you will be able to begin your role of acting on behalf of the person who lacks mental capacity:
- As soon as you get appointed (as a personal welfare deputy).
- Once you pay the security bond (as a property and affairs deputy).
- Making a one-off decision on anything else not covered by the original court order.
- Selling when an owner has lost mental capacity if the property is jointly owned (as a personal welfare deputy).
Even so, there are certain circumstances where you will need to get a separate court order, such as before:
Note: Always check the court order for any mistakes. You will need to download and fill in Form COP9 to correct them. There is no fee but you must send it back within 21 days of receiving the court order.
Telling Organisations and Others You are a Deputy
The court will send you official copies of the court order. You can use them to send to organisations such as banks and building societies. The official copies prove you are acting as a deputy on behalf of someone else.
You can order extra copies by writing to the Court of Protection. But, they cost £5 for each copy so it is best to ask the organisation to return your copy.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London WC1A 9JA
Before Managing a Bank Account
There are several steps to take before you can manage a bank account. As a rule, the bank will need to see:
- The original court order (or an official copy of it).
- Proof of the name or address of the donor (if different than the bank account)
- Proof of your name (e.g. a passport) and your address (e.g. a utility bill or a letter from a government department).
Court Funds Office Accounts
The person you acting as deputy for may have money in a Court Funds Office account. If so, you will receive extra information on how to manage a Court Funds Office account and access the money.
In some cases, you might choose to open a Court Funds Office account yourself. As a property and affairs deputy it may be in the best interests of the person to do so.
ALSO IN THIS SECTION
Responsibilities of a Deputy | UK courts place certain restrictions on who it will appoint as deputies.
Changing Deputyship | Check the process on how to change deputyship or make a one-off decision.
Recording Decisions and Transactions
Once you get appointed as a deputy you will be able to record the decisions and transactions that you make. You will need to complete your annual report as part of paying the bills.