If there is no enduring power of attorney, you will not automatically have the authority to make decisions on behalf of a loved one should they lose the capacity to make decisions for themselves due to a severe incident. Fortunately, there is a viable path to ultimately acquire such authority, indicating a positive development. To put it plainly, a deputyship application has been made.

There is a prevalent tendency among some individuals to conflate deputyship with enduring power of attorney. Nonetheless, these two differ from each other in their respective approaches. If a person lacks the capacity to make a durable power of attorney, a deputyship may be necessary. The document known as a lasting power of attorney grants the appointed attorney the authority to make decisions on behalf of another individual in the event that the individual later loses the capacity to do so.

You should be aware that there are two separate categories of deputyship. It is imperative to acknowledge this. The authority vested in a deputy appointed to make decisions regarding P's health, welfare, and property and financial affairs may be subject to certain limitations. You will need to make two distinct applications if you want to apply for both.

Deputies are not permitted to make specific decisions on behalf of the person they are representing, so it is important to keep this in mind after submitting the deputyship application. Regardless of whether a deputy has the authority to manage an individual's property and financial affairs and/or to make decisions regarding health and welfare, the deputy is not authorized to discontinue life-sustaining treatment nor may the deputy determine the individual's marital status or options regarding marriage and divorce.

You must apply to the Court of Protection to make the decision to become a deputy for either health and welfare, property and financial matters, or both, in order to complete the application process for a deputyship. Evidence that a person lacks the capacity to make the crucial decisions and that a deputy must be appointed on behalf of the person are both required by the Court to support your deputyship application.

This notification concerning the deputyship application will be sent to individuals who may have an interest in the case of the person. Unless there are any objections, the procedure will continue without interruption. The person attempting to act as a deputy on behalf of another individual may be directed by the court to provide supplementary information regarding themselves. Applicants may be required to gather additional information and present it before the court if there is insufficient evidence of a person's capacity to make a decision. When this circumstance occurs, the court will then have the power to sanction the deputyship application.