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File a deputyship application (standard process)
Note
This is the process to file a deputyship application through the standard process. If you are unsure whether this applies to you, understand the differences between the standard and simplified process.
Check if the standard process applies
You may file a deputyship application through the standard process if any of the following applies to your case:
- Someone is objecting to your application.
- The orders you seek fall outside the scope of the simplified process.
File a standard deputyship application step-by-step
This is the process of filing a deputyship application through the standard process.
If you file an application, you are the applicant.
Before filing
Understand what it means to be a deputy
Find out what you need to consider and do before you apply to become a deputy.
When filing
File the application
Find out the documents, fees and process to file an application. If there are no issues with your application, it may be approved without a hearing. Otherwise, the court may ask you to submit further documents or attend court.
After filing
(If needed) Attend court
You may need to attend court in some cases, for example, if the court needs further clarifications on your application. At a hearing, the judge will decide whether to approve your application.
After an order is made
File an application, if needed
If you are not satisfied with an order made by the court, you may file an appeal.
2024/10/15
Note
You may choose to file the deputyship application yourself or engage a lawyer. Find out where to get help.
Resources
- Specimen Government Medical Certificate (DOCX, 18 KB) for absence from court attendance.
Legislation associated with this topic includes:
- Mental Capacity Act.
- Family Justice Act.
- For filings commenced on or after 15 October 2024, refer to:
- Part 5, Part 6 and Part 7 of the Family Justice (General) Rules 2024.
- For filings commenced before 15 October 2024, refer to:
- Part 11 of the Family Justice Rules 2014.
- Part 2 of the Fifth Schedule of the Family Justice Rules 2014 for the court fees.
For filings commenced on or after 15 October 2024, refer to:
- Part 4C, Part 5 and Part 6C of the Family Justice Courts Practice Directions 2024.
For filings commenced before 15 October 2024, refer to:
- Part XI of the Family Justice Courts Practice Directions 2015.
Related questions
A lasting power of attorney (LPA) is for people who have not yet lost mental capacity to appoint someone to make decisions on their behalf, should they lose mental capacity in the future.
In contrast, deputyship applies to people who did not apply for an LPA before losing their mental capacity.
Yes, a deputyship application can be filed by more than one applicant. The application steps are the same.
If your application is approved, all the assigned deputies may make decisions either jointly (i.e. all decisions have to be made unanimously) or jointly and severally (i.e. decisions can be made together or individually), depending on the circumstances of the case.
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