Deputyship & Court of protection
Our specialist team regularly provide advice required to be able to handle applications to the Court of Protection. Our lawyers represent clients with a range of needs, including vulnerable adults who require members of the team to act as professional deputies for them.
There are many circumstances in which a person can lose the capacity to make decisions for themselves and manage their affairs, be it through an illness such as dementia or mental health, a life-changing accident, or a condition they were born with. As a precaution, individuals can look to make a Lasting Power of Attorney, allowing a nominated other (known as an attorney) to govern their property and financial affairs and make decisions on their personal welfare on their behalf. For more information on this, please visit our Lasting Powers of Attorney page.
However, if someone loses capacity without having a Lasting Power of Attorney in place it can be a distressing time for relatives and friends. If you have a loved one who lacks mental capacity to make decisions, we can help. In those circumstances, an alternative option to an LPA is to appoint a ‘Deputy’ which will involve an application to the Court of Protection.
Our team has specialist expertise to guide you through the application process of becoming a deputy, but also in circumstances where there is an absence of someone willing or able to take on the deputy role with regards to property & finances, our experienced Partners in this area can act as a professional deputy on the behalf of the individual.
What decisions can a deputy make? See below the two types of deputyships and what they are able to do:
Deputyship for Property & Finance
If a Deputy is needed to handle finances, it can be anyone who wishes to act in the person’s best interests. This role can include the ability to manage bank accounts or investments, pay bills and buy or sell property.
Deputyship for Health & Welfare
The Court of Protection does not often agree to the appointment of Health and Welfare Deputies but there are some circumstances where our team have successfully managed to get clients appointed, in particular where a child has never had capacity and has now reached the age of18. Being granted deputyship for health and welfare allows your to make decisions on medical treatment & surgery, living situations and caregiving.
If you would like to discuss your situation please contact our specialist in this area, Claire Woolliscroft.
We are also able to provide advice and assistance with related issues such as deputyship reports, appointment of trustee applications, contested deputyship applications and statutory Wills.
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What our clients say
The team, listens carefully, is very professional and makes clients feel comfortable.
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