You Acting as a Lay Deputy
A lay deputy is typically a family member or friend of the person lacking mental capacity who is appointed by the Court of Protection to make decisions for the person in relation to their property and financial affairs.
If your family member or friend has lost the capacity to manage their own property and financial affairs, and you would like to take on the role as a lay deputy, an application to the Court of Protection must be made to appoint you.
If you would like advice and guidance about your role as a lay deputy, our team of expert Court of Protection solicitors at JMW is on hand to help you through the application process. Call us today on 0345 872 6666, or fill in our online enquiry form to request a call back at a time that is convenient for you.
How JMW Can Help
At JMW, we provide support regarding the best interests of your friend or relative, and can advise you on:
- Applications to the Court of Protection to appoint a lay deputy
- Specific or complex applications to the Court of Protection
- The on-going responsibilities of a lay deputy such as:
- Budgeting
- Managing finances
- Dealing with income tax
- Welfare benefits
- Security bonds
- Selling, buying or renting a property
- Enquiries or correspondence from the Office of the Public Guardian
Our experts can work with you at your home and provide you with the necessary advice and reassurance to make you and your loved one feel comfortable and supported in your role as a lay deputy. We also have extensive experience with other topics such as gifting, wills and estate planning.
FAQs About Acting as a Lay Deputy
- What is the process when making an application to the Court?
The process of making an application to act as a lay deputy involves:
- Completing forms set by the Court within specified timeframes
- Paying the Court fees
- Notifying all relevant individuals about the application
- What are the factors to consider when acting as lay deputy?
When acting as a lay deputy, the application process can be daunting, complex and overwhelming, especially for someone who is already vulnerable or may have other commitments.
Other factors include:
- Feeling anxious about making decisions and not wanting to risk the relationship by becoming their deputy. Some decisions may be clouded by the love and protection you have for your loved one. For example, requesting money.
- Lack of knowledge and difficulty in understanding terminology, the Court order, the Code of Practice and other legalities
- Managing large sums of money, assets, income tax, benefits, security bonds, investments and property, as well as completing and submitting reports to the Court
- Accidentally making decisions without authority and risking the Office of the Public Guardian investigating your role as the lay deputy, which can result in you being removed
- What happens after the application to the Court?
The application process takes approximately six months to complete, depending on Court delays. However, by working with us, we may be able to ask the Court to process certain matters more urgently to speed up the process.
Once an application has been made to the Court to appoint you as lay deputy, you will then receive a Court order, which appoints you as deputy and clearly sets out your role and responsibilities.
You will be responsible for submitting annual deputy reports to the Office of the Public Guardian and complying with all the relevant law, guidance, practice and procedures.
- What options do I have if nobody wants to act as a lay deputy?
If for any reason there is nobody able, willing or suitable to act as a lay deputy, then you can ask a professional deputy to apply, or the Court may choose to appoint one for you. You can read more about professional deputyships here.
- Who pays for an application to become a lay deputy?
Any reasonable and proportionate fees associated with the application for a lay deputy will be paid from the assets of the person that lacks capacity.
Talk to Us
To find out more about acting as a lay deputy, contact our Court of Protection solicitors today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.
