Deputyships Solicitors - Making a Deputyship Application
It’s incredibly difficult watching someone close to you lose the ability to make their own decisions. But if your friend or relative has lost mental capacity, and they don’t have a valid Enduring or Lasting Power of Attorney in place, you can apply to the Court of Protection to be their deputy.
Our experienced Court of Protection solicitors specialises in all matters relating to deputyships. We can help you if you want to become a deputy, if you need help managing your duties, or if you (or another deputy) want to give up their responsibilities.
You can even ask the court to appoint us as professional deputies.
What is a deputy?
A deputy is someone who is appointed by the Court of Protection to act or make decisions on behalf of someone who lacks the capacity to do so themselves.
Anyone aged 18 or over can apply to be a deputy, but it’s normally a family member or close friend of the person affected.
There are two types of Court of Protection deputyship:
- A property + affairs deputy makes decisions about financial affairs, including the sale and purchase of property
- A health + welfare deputy makes decisions about a person’s care and living arrangements, including what medical treatment should be given
If you’re applying to become a deputy, the type of COP deputyship will depend upon your situation and the circumstances of the vulnerable person.
Speak to our professional deputy lawyers – we can advise you on the steps involved in managing and making decisions for someone else and can help you make your application to court.
Support for deputies
Acting as a deputy carries big – sometimes overwhelming – responsibility. As well as the emotional impact, there are practical implications that you’ll need to consider, such as whether you have the time to carry out such a role.
It’s common for deputies to need support in their role and our experienced team can provide this. We can help register the order with banks, provide guidance on dealing with the Office of the Public Guardian (OPG) and accessing benefits, and help you manage the deputyship accounts.
As professional deputies ourselves, we understand what’s required and will work with you to make being a deputy as simple and as stress free as possible.
Deputies can be family members or friends. If the assets to be managed are large or complex, or if a major package of care needs to be commissions, some families choose a solicitor to act as a professional deputy.
The role of deputy carries a huge amount of responsibility. As a deputy it’s imperative that you act in the best interests of the person who has lost capacity.
You can only make decisions as authorised by the court and these decisions can only be taken if the person you’re acting for can’t do so themselves. Where possible, you need to involve them in your decision-making.
If you’d like to speak to someone about appointing a deputy, or your role as an appointed deputy, call our Court of Protection solicitors on 0117 325 2929.
The deputy’s authority will be outlined in the Court Order. In the property and affairs cases, the deputy can buy or sell property, take control of bank accounts and pay bills.
In health and welfare cases the deputy can make decisions of where the person should live and what type of care they’ll receive. They can also authorise medical treatment.