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Deputyship - FAQ's

What is the gathering of evidence procedure for a deputyship application?

Prospective deputies should carefully consider the role they are taking on, as it requires a significant level of competence and commitment. The purpose of gathering evidence is to demonstrate to the Court of Protection (COP) that the prospective deputy is suitable, and capable of making decisions.

The key steps involved in the process are detailed below:

Gathering evidence for a deputyship application

  1. Understanding the Requirements – Familiarise yourself with the specific guidelines set by the court. This may vary between jurisdictions, so it’s important to refer to the correct authority.
  2. Assessing the Person’s Capacity – Before gathering evidence, it is crucial to assess the person’s decision-making capacity. A qualified assessor will carry this out, confirming the relevant details via a COP3 form.
  3. Documentation – Collect important documents relating to the person’s financial affairs. You should also gather any relevant legal documents, such as wills or trusts. These help to provide a comprehensive overview of a person’s circumstances.
  4. Financial Assessment – Conduct a financial assessment that outlines the person’s income, expenses, assets and liabilities. This should provide a clear picture of the person’s financial situation and any areas of concern.
  5. Supporting Statements – Gather supporting statements from relevant parties who can provide insight. This may include anyone with relevant medical or personal information. Deputies must inform 3 relevant parties of this process, allowing them to provide their own opinions via a COP5 form.
  6. Professional Reports – In some cases, it may be necessary to obtain professional reports to support the application. Accountants, financial advisors or solicitors will be able to provide these reports as relevant evidence.
  7. Application Forms – Complete the necessary application forms (usually a COP1 application, and COP4 deputy declaration, at minimum).
  8. Submitting the Application – Once all necessary evidence has been gathered, and forms completed, you can submit the application. Pay close attention to any deadlines or specific submission requirements.

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Appointeeship, Deputyship, Power of Attorney, Money Management

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