Deputyship

A “Deputyship” is essentially similar to a “Lasting Power of Attorney” except that the “Lasting Power of Attorney” is setup by the “Donor” while they have mental capacity therefore it is a relatively straight forward procedure for the Court of Protection to agree with their wishes and register the LPA.

With a Deputyship the person that the deputyship applies too cannot give any input to the selection of who should be their deputy therefore the court of protection has a more in-depth assessment to conduct.

With a LPA they just have to consider is the person the donor has chosen suitable with a Deputyship they are making a decision without the persons input.

There are TWO significant areas that need to be considered. COST & TIME.

Firstly is the COST a Deputyship can cost 6 times the cost of a LPA.

Secondly is TIME with a LPA you are setting up a document with the view to possible needing it in the future. The Office of The Public Guardian will always take a minimum of around 8 weeks. This may not be a major factor as you are setting it up for a possible future event. But with a Deputyship the loss of mental capacity has happened therefore time is very important, what effect would waiting 28 weeks for a standard application, it is possible to shorten this to 14 weeks but a premium is payable.

This would cost £940 plus VAT to setup £1128 plus for each “deputyship” i.e. Property & Affairs deputyship and Personal welfare deputyship.

Plus

Court cost of £400.

If a hearing is required £500.

Doctors cost £200.estimated. (Depends on area but is not covered by the N.H.S)

Assessment if the person applying to become your deputy £100 with the possibility of the deputy attending a coarse.

Yearly fee of £35 min if managing less than £21,000.

Yearly fee of £320 if managing more than £21,000. P&A only

Providing certified Accounts this would depend on complexity but minimum of £100.pa. annually P&A only.

For Property & Affairs deputyship Potential cost around £2,200 plus in the first year. With annual cost of £320 plus accounts fee.

For Personal Welfare deputyship.Potential cost around £1,900 plus

    If you have both then some cost do not have to be duplicated. Therefore total is around £3,300

These usually take 28 weeks to setup, if urgent then 14 weeks but there is usually a premium to pay the courts. You may see an urgent time of 2 to 3 weeks quoted this is only usually available if the granting of a deputyship was in the interest of an outside body i.e. a property was being compulsorily purchased or repossessed and not for the inconvenience or cost to the person concerned or the family.

CoP pic

There is the option of setting up an “Appointeeship” this is only for dealing with state benefits where there is no other income or assets.