Court of Protection & Deputyship

There are many reasons why a person in your life may no longer be able to manage their own financial affairs or make informed decisions about their personal welfare. Degenerative, physical and mental illnesses are just a few common factors.

In cases like this, it is often necessary to appoint a Deputy to be responsible for the vulnerable person’s decisions about issues like healthcare, property and finance. Deputyship is usually given to a close family member or friend or to a professional and must be applied for through the Court of Protection.

Who is allowed to make decisions on someone’s behalf, will depend on whether arrangements were put in place before they lost mental capacity. If they had put in place a Lasting Power of Attorney, their affairs would be managed by their appointed Attorney.

Anyone over 18 can apply to be someone’s Court of Protection Deputy. Deputies are usually the friends or relatives of the person that has lost capacity, but if no one is able to act as a Deputy, the Court can appoint a Panel Deputy. Deputyships can be extremely complex and may need to be re-evaluated regularly. In some cases, you may need to apply to the Court of Protection to change your powers to allow you to make an important decision. In other cases, you may need to give up your deputyship. From paying supervision fees, to keeping clear records of your actions and decisions, we can assist and support you in your role.

Whether you have a disabled child or are caring for a vulnerable adult or elderly relative, we can help you make the right decisions to safeguard and protect their financial interests.

If a person lacks the mental capacity to make their own Will, then an application can be made to the Court of Protection to make a Statutory Will on their behalf. The application is normally made by someone authorised to act for the person lacking mental capacity – such as a Court of Protection Deputy or someone with Power of Attorney.