Jessica Jarvis

As of 1 January 2023, the deputyship application process will be changing in the UK. This is a significant shift, and anyone considering applying for deputyship must be aware of the new process and its implications for them. Deputyship is a legal arrangement that allows someone to make decisions and take action on behalf of another person who is deemed to be unable to do so for themselves. It has historically been a long, complex and arduous application process and a change has been long overdue. In this article, we will be exploring the key changes to the deputyship application process, the implications for those considering applying, and what you need to know to ensure your application is successful.

Before 2023, the application could be drafted and filed with the Court without the knowledge of those closest to the vulnerable person (Commonly referred to as P in the Court of Protection). The first that many family members or caregivers would hear of the possibility of a deputyship application is upon receipt of a notification form advising that an application has been filed with the Court and is awaiting their decision.

This can, and often has, created immediate tension between the possible deputy and those closest to P as they often feel blindsided or even suspicious of the applicant’s intentions. Especially in the context of professional deputyship applications, getting off on the wrong foot with P’s nearest and dearest can be detrimental to the smooth management of P’s affairs going forward.

What are the key changes to the deputyship application process?

The key changes to the deputyship application process are the new “upfront notification” process. As touched on above, the applicant would only have to formally notify three people who were close to P after the application had already been filed with the Court of Protection. Applicants must now; before applying with the Court:

1. Visit P and tell them:
2. Who’s applying to be their deputy
3. That their ability to make decisions is being questioned
4. What having a deputy would mean for them
5. Where to get advice if they want to discuss the application
6. Ask them to complete the relevant forms, if they are able.
7. Notify at least 3 people who know the person you’re applying to be deputy for about your application. For example, the person’s relatives, social worker or doctor. The applicant must ask them to complete the relevant forms. 
8. Submit the application documents and the above forms.
9. The type of forms the applicant will need to complete will depend on whether they are a legal professional or not.
10. These forms must be submitted within 3 months of telling the people connected to the application.

How will the changes impact applicants?

The changes to the deputyship application process went through a successful pilot programme which reported faster application processes and fewer delays caused by objections.

This is unsurprising given that those most closely involved in P’s affairs will have already had the opportunity to discuss their concerns about a potential deputyship before the application was filed with the Court. Involving all those connected to the application from the outset will undoubtedly create a more harmonious working relationship with, hopefully, the same aim – to protect P.

Furthermore, less paperwork due to the removal of the COP20a and COP20b forms means faster processing times alongside a reduction in inaccuracies due to the easy-to-follow, new online application process.