Only “Relevant persons” can apply to be a Deputy. 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. This is usually an immediate family member, or any other relatives or friends who have a close relationship with the Patient, individuals who have a legal obligation to support the Patient, beneficiaries of the Patient’s estate and caretakers responsible for the Patient’s wellbeing.
Appointment of Deputy for Powers relating to Property and Affairs
Individuals who are above the age of 21 years old and can satisfy the Court that they can act in the best interest of the Patient can be a deputy. Professional deputies who are not related to the Patient can also be a deputy, alongside professional deputies who are not individuals (i.e. entities such as nursing homes).
Appointment of deputy for Powers relating to Personal Welfare
Only individuals above the age of 21 years old and individuals who are professional deputies may be appointed by the court
The Court will also take into consideration the following factors:
- Whether the proposed deputy is appointed as a Donee or Deputy for someone else;
- Whether the proposed deputy is an undischarged bankrupt or facing any bankruptcy actions;
- Whether the proposed deputy is convicted of a criminal offence or facing any criminal prosecution;
- Whether the proposed deputy is sued as a defendant in civil proceedings or facing any claims in any civil suit.
Should you fall into any of the above categories, you may still be eligible to apply to be a Deputy of a loved one, and we can advise you on your application.
For further advice and assistance on applying to be a Deputy appointed by the Court, please contact us to make appointment.
