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What is a deputyship application

A deputy is an individual who is appointed by the court to make decisions on behalf of a patient who lacks mental capacity. A deputy may be the patient's family member or friend.

You may be informed of a deputyship application if you are one of the following parties:

  • The patient alleged to lack mental capacity.
  • A defendant.
  • A relevant person to the patient.

How to object to a deputyship application

If you have concerns regarding a deputyship application, you can file an affidavit stating the reasons for your objection. What you should do depends on who you are.

If you are the person alleged to lack mental capacity and you feel that you do not need a deputy to make decisions on your behalf, you should inform the applicant and request that they withdraw their deputyship application.

However, if they insist on proceeding with the application, you must apply to be added as a party to the case by filing a Summons (Form 4 of the Family Justice Courts Practice Directions) through eLitigation. This must be done within 21 days after you have been served with the Originating Summons.

You must also file an affidavit which includes a medical report to certify that you have mental capacity.

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

If you were named as a defendant and you wish to object to the application, you must file an affidavit stating your reasons through eLitigation. This must be done within 21 days after you have been served with the Originating Summons.

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

If you are a relevant person to the patient and you wish to object to a deputyship application, you must apply to be added as a party to the case by filing a Summons (Form 4 of the Family Justice Courts Practice Directions) through eLitigation. This must be done within 21 days after you have been served with the Originating Summons.

You must also file an affidavit stating your interest in the application and the reasons for your objection.

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the deputyship brochure: 

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