A deputy is an individual appointed by the court to make decisions on behalf of a person who lacks mental capacity (P). A deputy may be P's family member or friend.
A doctor has to certify that the person lacks mental capacity to make decisions due to an impairment of or disturbance in the functioning of the mind or brain.
The Family Courts hear all deputyship applications under the Mental Capacity Act.
There are 2 ways to file a deputyship application – via the simplified or the standard process. Refer to the following comparison table to check which process applies to your case.
When it applies
If you seek one or more of the following orders:
If any of the following applies:
How long it takes
Applications are usually completed within 4 to 6 weeks, unless submissions are incomplete or the case is complex.
Applications are usually completed within 3 to 4 months, unless submissions are incomplete or the case is complex.
Estimated court filing fees
$40 to $50, which excludes:
$300 to $500, depending on the documents you need to file, which excludes:
How to apply