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

As with any application to become a legal representative, the gathering of evidence process typically involves collecting relevant information and documentation to support the application.

The Court of Protection want to ensure that any individual applying for deputyship is suitable and capable of making financial decisions on someone’s behalf. The purpose of gathering all relevant evidence is primarily to demonstrate these qualities, as well as informing them of the situation that has prompted this decision.

Here are the key steps involved in the process:

Gathering Evidence For a Deputyship Application

1. Understanding The Requirements
   
   Familiarise yourself with the specific requirements and guidelines set by the court. These requirements may vary depending on the jurisdiction, so it’s essential to gather information from the relevant court or legal resources.
   
2. Assessing Capacity
   
   Before preparing an application, it’s important to assess the person’s mental capacity to determine whether they actually lack the capacity to make financial decisions. This can be done by either a qualified medical professional or an independent mental capacity assessor.
   
3. Documentation
   
   Collect important documents related to the person’s financial affairs, including bank statements, investment portfolios, property deeds, insurance policies, bills, and any other relevant legal documents. These help to provide a comprehensive overview of the person’s financial situation.
   
4. Supporting Statements
   
   Gather supporting statements from relevant parties who can provide insight into the person’s capacity and the need for a deputyship. This may include statements from family members, healthcare professionals, social workers, or any other individuals involved in the person’s care.
   
5. Financial Assessment
   
   Conduct a detailed 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 where decision-making support is needed.
   
6. Professional Reports
   
   In some cases, it may be necessary to obtain professional reports to support the application. These can be obtained from accountants, financial advisors or solicitors, who can provide an expert opinion on the person’s financial circumstances.
   
7. Application Forms – Complete the necessary application forms provided by the court. These typically require you to provide detailed financial information about the person lacking capacity, their financial situation, your relationship with them, and the reasons you believe you would make a suitable deputy.
   
8. Submit The Application – Once all necessary evidence has been gathered, submit the completed application forms and supporting documents to the appropriate court. Pay close attention to any deadlines or specific submission requirements outlined by the court.