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deputyship

Deputyship

Who is a deputy

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.

 

Simplified process

Standard process

When it applies

If you seek one or more of the following orders:

  • To use up to $80,000 from the P's funds.
  • Other common orders such as to consent to medical treatment or decide on care services for P. Refer to the full list of orders.

If any of the following applies:

  • Someone is objecting to your application.
  • The orders you seek fall outside the scope of the simplified process.

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:

  • Fees payable to doctors for the medical report.
  • Fees to affirm or swear affidavits (if applicable).
  • (If you have a lawyer) Fees payable to lawyers for their services. 

$300 to $500, depending on the documents you need to file, which excludes:

  • Fees payable to doctors for the medical report.
  • Fees to affirm or swear affidavits.
  • Additional fees payable to the LawNet & CrimsonLogic Service Bureau.
  • Additional filing fees payable for the doctor’s affidavit and hard copy medical report.
  • (If you have a lawyer) Fees payable to lawyers for their services.

How to apply

Through the Integrated Family Application Management System (iFAMS). Find out how to apply through the simplified process.

Through eLitigation. Find out how to apply through the standard process.


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