Deputyship Applications: The Notification Process

This process is not like when someone makes a Lasting Power of Attorney. Someone who applies to be appointed as a deputy for their friend or loved one must identify at least three people who may have an interest in being notified of their application.

In making the application, the applicant is essentially asking the Court of Protection to allow them to step into the shoes of the person to whom the application relates and make decisions that are in that person’s best interests. They will, therefore, have wide powers and will be able to make a number of decisions that the person to whom the application relates could make themselves.

The court does not know the family dynamics and relationships of the person involved. Therefore, this requirement to notify family, friends and others who may have an interest in the affairs of the person to whom the application relates acts as a safeguard. It gives the opportunity for those individuals to inform the court of any reasons as to why the applicant is not suitable to act and should not be appointed.

The court rules specify that certain people should be notified, unless there is a reason why they should not be, such as any estrangement. The list of priority is as follows and should be treated in descending order, as is appropriate in the circumstances.

• spouse or civil partner
• person who is not a spouse or a civil partner but who has been living with the person to whom the application relates as if they were
• parent or guardian
• child
• brother or sister
• grandparent or grandchild
• aunt or uncle
• niece or nephew
• step-parent
• half-brother or half-sister

It could be that the person to whom the application relates sadly does not have any surviving family members. Or it could be that it is not appropriate that their family members are notified about the application. On the other hand, the person may have closer relationships with their friends. Who should be notified is very much dependent upon each person’s circumstances.

Deputyship applications are usually made when there has been a change to the person to whom the application relates’ circumstances, meaning that someone needs to be appointed as soon as practicable to manage their affairs. 

These are difficult times for families. A dispute arising over the application due to lack of notification will only make matters more difficult. That is why we have a specialist team here at Birkett Long. We can assist you in making such an application to hopefully prevent such a dispute arising.

If you would like advice regarding deputyship applications and the necessary notifications, please contact me on 01206 217307 or [email protected].