Deputyship and Court of Protection solicitors

Deputyship – acting for someone who has lost capacity

A deputyship order grants legal authority to manage the affairs of someone who lacks mental capacity and has no Lasting Power of Attorney in place.

There are two types of deputy:

• Property and financial affairs – a financial deputy will look after monetary issues, such as paying bills and ensuring finances. Property can also be sold, if money is needed to pay for someone’s care.
• Personal welfare (health) – a personal welfare deputy will make decisions about medical treatment and how someone is cared for, whether at home, in hospital or in a care home.

After applying to the Court of Protection, if the court is satisfied that the person lacks capacity and that a deputyship order is in their best interests, it will typically be granted.

How our Court of Protection solicitors can help

Our Court of Protection solicitors support families and individuals at every stage of the deputyship process, from advising whether an application is necessary and preparing the paperwork, to representing clients in contested proceedings where there is a dispute about who should act or what is in someone’s best interests.

We advise both applicants and those who wish to challenge an application, ensuring the court has a full and accurate picture of the individual’s circumstances. Where a professional deputy is needed, typically when family members are unable or unwilling to act, or where the appointment of a relative would create conflict, we can act in that capacity directly, providing independent, regulated oversight of the individual’s affairs.

When to involve the Court of Protection

A deputyship order does not give unlimited authority. Even with an order in place, the Court of Protection must be involved in certain significant decisions, including selling property to fund care, making gifts, establishing trusts or preparing a statutory will on someone’s behalf.

For welfare deputies, the court should be consulted where serious medical decisions arise, including those involving life-sustaining treatment, or where there is a disagreement between professionals, family members or carers about what is in the individual’s best interests.

Should a loved one regain capacity, and the scope of the deputyship order needs to be reduced or removed, or where a deputy can no longer continue in the role and a replacement must be appointed, the courts step in to assist.