Court of Protection Deputyship Solicitors

If a person becomes mentally incapable of managing their own affairs - perhaps due to dementia or a serious brain injury - someone needs to take decisions on their behalf.

The person needing help may previously have chosen a close relative or friend to take decisions for them by having a Power of Attorney drawn up (either an Enduring Power of Attorney or Lasting Power of Attorney).

But if there is no Power of Attorney in place, a Deputyship Application must be made to the Court of Protection to appoint a representative (a deputy) to act on behalf of the person concerned.

Deputies are usually close relatives or trusted friends but they can also be professional advisers. Individuals can have more than one deputy. The court can appoint two or more in each case.

Usually, the court application is to enable the deputy to take over the day-to-day running of the individual’s financial affairs but sometimes it concerns health and/or welfare decisions.

Applying For Deputyship

Deputies must be aged 18 or over. There are two types: property and financial affairs deputies (who typically handle pension payments, pay bills) and personal welfare deputies (who make decisions about medical treatment and care).

Property and financial deputies must satisfy the court they have the appropriate knowledge and skills needed to handle finances. Our solicitors can help you with this process.

Personal welfare deputies: people wanting to take on this role must get Court of Protection permission to apply using a series of lengthy and complex forms. Again, our solicitors can help you to apply to the court.

Your Responsibilities As A Deputy

Before taking any decisions on behalf of the person concerned, deputies must be certain they are acting in the best interests of the individual.

In each instance, deputies must consider the person’s mental capacity at that time. It may not always be the same from day to day. They may be more able to decide on some matters than others.

Also, property and financial deputies always must keep their own money and property separate from those of the person for whom they are taking decisions.

Ultimately, deputies have many complex duties and responsibilities but a brief overview of the five main guiding principles under the Mental Health Act 2005 can be found on our Court of Protection page.

Get Expert Legal Help With Deputyships

Contact our solicitors for expert legal guidance and detailed advice on the responsibilities of being a deputy.

Coles Miller Solicitors have extensive experience of deputyships. Make An Enquiry, Request A Call Back or find your local office (Contact Us) by using the links on the right hand side of this page.

Problems with mobility? Don’t worry - we can come to you. Our solicitors would be more than happy to visit you at your home or in hospital.

To read more about our deputyship solicitors, click on their photos to view their individual web pages and see their specialist skills.

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