Before you file, make sure you:
If you file an application, you are the applicant.
The person for whom you are applying to be a deputy is P.
Refer to the following on how to file a standard deputyship application with the Family Courts.
Who can apply
Applicants who wish to be appointed as a deputy for a family member or friend who lacks mental capacity.
Refer to the full list of documents.
Estimated filing fees
Refer to this table for the estimated filing fees.
How to apply
How long it takes
Most standard deputyship applications at the Family Courts conclude within 3 to 4 months, unless there are incomplete submissions, complex circumstances or objections to the application.
You may choose to file the deputyship application yourself or engage a lawyer. Find out where to get help.
You will need to prepare these documents:
In the Originating Summons (Form 217, FJC Practice Directions), you will need to state clearly what sort of powers you are seeking.
You may need to include additional information in the following situations:
Note: You must swear or affirm the affidavit before a Commissioner for Oaths.
You will need a medical report from a doctor to certify that the patient for whom you are applying to be a deputy lacks mental capacity. The report must be dated within the last 6 months of your application.
The doctor must provide the report by signing an affidavit, prepared according to Form 224 of the FJC Practice Directions. A hard copy of the medical report must be attached to the affidavit.
Note: The doctor must appear before a Commissioner for Oaths to swear or affirm the affidavit.
Relevant persons are people who have an involvement in P’s life and are likely to have an interest in your deputyship application. They are usually P's immediate family members. Find out more about relevant persons.
You should inform the relevant persons of your application. If they consent to your application, you must file their written consent according to Form 221 of the FJC Practice Directions with your application.
Note: The relevant person must swear or affirm the consent form before a Commissioner for Oaths.
If a relevant person does not consent, you will need to serve your application on them after filing.
The estimated filing fees include:
Item or service
File the Originating Summons
File an affidavit
File a relevant persons' consent form
Please note that this table does not include the following fees:
|1. File the application|
Your application is filed in the Family Courts.
|2. Collect the endorsed documents|
You receive a copy of the application documents that have been endorsed by the Family Courts.
|3. (If applicable) Serve the application on the relevant persons|
You inform the relevant persons of your application and give them a copy of the application documents.
The Service Bureau will notify you via email or SMS of the outcome of your application.
If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed version of the documents, which will contain the date and time of a court hearing for your application.
If there are relevant persons who have not consented to your application, you will need to serve a copy of your application documents on them. This informs them of your application.
In addition to the documents you have filed, you will need to include a Notice to Relevant Person (Form 222, FJC Practice Directions).
You may serve the documents in any of the following ways:
If you have filed the consent (according to Form 221 of the FJC Practice Directions) for a relevant person, you do not need to serve your application on them.
There may be relevant persons whom you regard should not be served with the application. For example, family members who have had little or no involvement in P's life, and show no inclination to do so. In such cases, you need not serve your application on them. However, you will need to provide the reasons in your applicant's affidavit.
If your application is in order, it may be approved without a hearing. The court will inform you via eLitigation. (If you are not represented by a lawyer, you will be notified via post.)
You will then need to extract the order through eLitigation. This means requesting an official copy of the order. If you are not represented by a lawyer, you will need to visit the LawNet & CrimsonLogic Service Bureau to extract the order.
If the court needs further clarifications or another party has filed objections to your application, the court may inform you to attend a court session.
Legislation associated with this topic includes:
If you wish to name someone to take over from you as the deputy in the event that you are no longer able to serve as the deputy, you will need to file the Successor Deputies' Affidavits (Form 220 of the FJC Practice Directions).