To understanding the Court process for appointment of deputy, you should remember that this is a very important Court Order and much power is entrusted to the Deputy, and because of this the Family Justice Court scrutinizes every case closely and endeavours to ensure that the Patient will be protected as far as possible.
In order to be appointed as a Deputy, the following documents must be must file:
1) Originating Summons. State clearly what sort of powers is sought.
2) Supporting Affidavit. You will need to give reasons for the powers sought and justify that they are reasonable, e.g. give a details with supporting documents (invoices, bank statements) about the expenses of the Patient and the value of Patient’s assets you wish to have power over.
3) Doctor’s Medical Report. The Doctor’s Medical Report must be dated not more than 6 months before the date of your application to the Court. A specialist doctor is required to make the report e.g. neurologist or psychiatrist, and a GP’s memo will not suffice.
4) Consents by Relevant Persons. “Relevant persons” are persons who have an involvement in the Patient’s life and/or who are likely to have an interest in the application. The Patient’s immediate family members are likely to have an interest in being notified that an application has been made to the Court concerning the Patient. Persons who have a close relationship with the Patient, persons who have a legal duty to support the Patient, persons who will benefit from the Patient’s estate, persons who are responsible for the Patient’s care are all considered ‘Relevant persons’ and will therefore often include the following immediate family members:
- The Patient’s spouse;
- The Patient’s children (aged 21 and above);
- The Patient’s parents or guardians; and
- The Patient’s brothers or sisters (aged 21 and above).
In some cases, the Patient may be closer to persons who are not immediate family members. If this is the case, they should be notified instead of the immediate family members.
All Court documents must be served on the Relevant Persons.
In cases where the Patient has had severe intellectual disability since early childhood and where the Patient’s parents are the Patient’s sole caregivers and where the Patient is now no longer a minor and the Patient’s parents need to be authorised to continue to look after P’s affairs, P’s parents would normally be the only relevant persons for the purposes of the application but the applicants must provide sufficient information to enable the Court to reach the conclusion that there are no other relevant persons.
If the Patient resides at an organisation providing residential accommodation (regardless of whether it also provides care or treatment to the Patient), then they should also be notified and Court documents should be on such an organisation as soon as possible.
Successor Deputies’ Affidavits. Successor Deputies are persons who will take over as Deputy in the event that the appointed Deputy is no longer able to serve as Deputy) named in your application, then you must file the.
For assistance regarding court appointed deputies matters, do contact us to make an appointment.
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