A reminder of the new notice rules for deputyship applications

A reminder of the new notice rules for deputyship applications

A new procedure for giving notice in deputyship applications is now well under way with the Court of Protection. All applicants going forward must now notify ‘P’ (the person on whose behalf the deputyship application is being made) and those close to ‘P’ prior to the initial submission of the application.

Previously the application, along with supplementary evidence about P’s estate, the capacity assessment and the Deputy’s Declarations all needed to be submitted at the outset. The application would then be considered and issued by the Court, and the prospective deputy would then be directed by the Court to notify the people described in the COP1.

However, new Court of Protection procedure states that those to be notified must be informed before the submission to the Court.

A new COP1, COP14 and COP15 have all been prepared to enable the responses of all the notified people to be recorded and submitted along with the initial application.

Presumably this will allow the Court to consider any objections to, or potential issues with, the application as early on as possible within the application process (such as family members or P objecting to the proposed appointment), and allow the Court to deal with such things in a more time efficient way.

One can only hope that with some applications still taking several months to come to fruition, that this new procedure will only assist in the swifter appointment of future deputies.

Contact Us

To discuss how you can apply for a deputyship for a loved one, please contact Katherine Head at katherinehead@rixandkay.co.uk or 01825 744434, or reach out to our Court of Protection team.