Object to a deputyship application

If you are the person alleged to lack mental capacity and you feel that you do not need a deputy to make decisions on your behalf, you should inform the applicant and request that they withdraw their deputyship application.

However, if they insist on proceeding with the application, you must apply to be added as a party to the case by filing a summons (Form 67A, Family Justice Courts Practice Directions 2024 (DOCX, 59 KB) through eLitigation. This must be done within 14 days after you have been served with the originating application.

• If you are filing before 15 October 2024, you must file a summons (Form 4, Family Justice Courts Practice Directions 2015 (DOCX, 18 KB)) through eLitigation, within 21 days after you have been served with the originating summons. 

You must also file an affidavit (Form 54, Family Justice Courts Practice Directions 2024 (DOCX, 61 KB)) which includes a medical report to certify that you have mental capacity.

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

If you were named as a respondent or defendant and you wish to object to the application, you must file an affidavit (Form 54, Family Justice Courts Practice Directions 2024 (DOCX, 61 KB)) stating your reasons through eLitigation. This must be done within 14 days after you have been served with the originating application.

• If you are filing before 15 October 2024, you must file the affidavit stating your reasons through eLlitigation within 21 days after you have been served with the originating summons. 

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

If you are a relevant person to P and you wish to object to a deputyship application, you must apply to be added as a party to the case by filing a summons (Form 67A, Family Justice Courts Practice Directions 2024 (DOCX, 59 KB)) through eLitigation. This must be done within 14 days after you have been served with the originating application.

• If you are filing before 15 October 2024, you must file a summons(Form 4, Family Justice Courts Practice Directions 2015 (DOCX, 18 KB)) through eLitigation, within 21 days after you have been served with the originating summons. 

You must also file an affidavit (Form 54, Family Justice Courts Practice Directions 2024 (DOCX, 61 KB)) stating your interest in the application and the reasons for your objection.

You will need to attend the hearing of the case to present your arguments to the court.

You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf. Find out where to get help.

• 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.
  • Division 2 of the Third Schedule of the Family Justice (General) Rules 2024 for the court fees.

• 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 2015.