The deputyship order
The deputyship order

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • The deputyship order
  • Order appointing the deputy
  • Content and scope of the order
  • Limitations and conditions in the order
  • Circumstances in which an unrestricted order may not be appropriate
  • Ways in which a deputy’s powers may be restricted
  • Specific restrictions applicable to office-holder deputies
  • Security

Order appointing the deputy

Unless the application and notification procedure give rise to any queries or objections, and provided at least 14 days have elapsed since the last notification was effected, the court will proceed to draw up and issue the order appointing the deputy. This will also set out the scope of the deputy’s authority to act, provide for payment of any costs incurred and set the security that must be provided.

On receipt of the order the deputy must comply with the requirement to provide security (see Security below for further information) and, in most cases, the order will not be effective until security is in place. To avoid unnecessary delay, orders are often limited so that they do not come into effect until a month after they have been issued.

P must be notified of the making of a final order of the court. This is usually done using form COP14 with a copy of the order attached. The person effecting notification must explain the effect of the order to P and inform P that he may seek advice and assistance in relation to the deputyship appointment. P must also be provided with a form COP5 for acknowledging notification. Confirmation that notification of P has been effected must be provided to the court in form COP20A.

Content and scope of the order

Since the introduction of

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