Deputyships

A Deputy is someone appointed by the Court of Protection to make decisions on behalf of a vulnerable person who lacks mental capacity. This can be a lay-Deputy or a professional, such as a solicitor. In some cases, the Court may insist on a professional Deputy being appointed.

Deputies can be appointed to assist a vulnerable adult who does not have the required mental capacity. The most common reason for a person having a Deputy appointed is due to a deteriorating condition such as dementia, severe learning difficulties or a brain injury.

If a partner in our firm is appointed, you can always rest assured that the vulnerable person’s affairs will be dealt with in their best interests and in accordance with the guidelines set out in the Mental Capacity Act 2005 and the Professional Deputy Standards.

There are two types of Deputyship Application, Personal Welfare Deputyship and Property & Financial Affairs Deputyship:

Property & Financial Deputyship

This is the most common form of Deputyship. The Court of Protection appoints a Deputy to manage the vulnerable person’s financial affairs. Often, an additional Order needs to be sought for authority to sell property owned by the vulnerable person, to sell a property that is jointly owned or to make a one-off decision about something that is not covered by the standard Deputyship Order.

Personal Welfare Deputyship

The Court of Protection usually grants the appointment of Deputies for personal welfare decisions in more complex matters as most personal welfare decisions can be made in the person’s best interests by those providing care or treatment.

Experienced Court of Protection Solicitors

Our experienced Court of Protection Team can guide the proposed Deputy through the Deputyship application process, which is often lengthy and complex. After the appointment, we can explain the legal duties and responsibilities of the appointed Deputy and advise on ongoing compliance with the Court’s requirements.