Expiry Dates Of Deputy Orders
The Mental Capacity Act 2005, which came into effect on 1 October 2007, reclassified the role of the Court of Protection, which is a specialist Court, with powers to appoint Deputies (formerly known as Receivers), to make decisions for vulnerable people who lack capacity to make decisions for themselves. The Mental Capacity Act has an effect on everyone aged over 16 and provides a framework to assist people who may not be able to make some decisions for themselves, whether that is because of an accident, illness or dementia.
Years on the impact of the Mental Capacity Act is still being felt by professionals who work with the Court of Protection and the people who make daily decisions on behalf of someone else, whether that is in relation to their health and welfare or property and affairs. One of the biggest changes seen after the implementation of the Act was the move from Receivership to Deputyship Orders and the ‘knock-on’ effects of this change. The new Deputy Orders were designed to provide greater flexibility for Deputies whilst still maintaining sufficient safeguards to ensure that those responsible for making decisions for someone else, however large or small, are correctly supervised.
Many of the initial Deputy Orders made by the Court of Protection after the re-organisation in 2007 were issued with a time limit with many orders expiring on a specific date. For most of those Orders issued with a time limit, you are likely to find the expiration of the Order rapidly approaching. If this is the case, an application for a new order will need to be made to ensure there is no break in the authority of the Deputy. In most cases, a further medical assessment of capacity may be required and updated forms regarding finances will need to be completed and sent to the Court.
If you are a Deputy or a Receiver acting under an Order that has expired, is about to expire or if you’re not sure if it contains an expiry date please contact us for assistance.