There may come a time when a family member or friend loses the mental capacity to make important decisions about their finances, property, or health and welfare. We understand how stressful and emotional this can be for those close to them, which is why our dedicated team of Deputyship and Court of Protection solicitors are here to guide you every step of the way.

In these situations, someone may need to be legally appointed as a Deputy through the Court of Protection. A Deputy is accountable and responsible for making decisions in the best interests of the person who lacks capacity. Getting the right legal framework in place means that their finances and property can be properly managed, and any health or welfare decisions can be made by the most appropriate person.

If you are concerned about managing an incapacitated person’s affairs—or about who will manage your own—we can help with:

  • Appointing a Deputy or acting as a Deputy
  • Removing inappropriate or ineffective attorneys or deputies
  • Supporting deputies and attorneys to act within the legal framework
  • Creating lasting powers of attorney or registering existing enduring powers of attorney
  • Applications to the Court of Protection to make statutory wills, lifetime gifts, and to create and manage trusts and trustees
  • Setting up and managing personal injury award trusts, including those for children
  • Acting for the incapable individual or the applicant in Court of Protection health and welfare disputes
  • Deprivation of Liberty Safeguards (DoLS) challenges or reviews

In 2017, we received the Law Society’s prestigious Excellence in Private Client Practice award for our work in this area of law.

We offer fixed-fee packages and other pricing options to suit your needs and are happy to have an initial, no-obligation conversation. Contact us today to speak with our experienced Deputyship and Court of Protection team.

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Get in touch with our team of Deputyship & Court of Protection experts today to discuss your requirements. You can contact us via email Email or telephone us 01803 213251

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FAQ’s

What is the Court of Protection?

The Court of Protection is a specialist court that makes decisions for people who lack the mental capacity to make certain decisions for themselves. This can include decisions about finances, property, health, and welfare.

What is a Deputy?

A Deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks capacity. Deputies can be appointed for property and financial matters, health and welfare matters, or both.

When is a Deputyship needed?

A Deputyship is usually needed when a person has not made a lasting power of attorney (LPA) and they lose the capacity to make their own decisions. Without an LPA, no one automatically has the authority to manage their affairs, even if they are a family member.

Who can be a Deputy?

A Deputy is often a close family member or friend, but in some cases a professional (such as a solicitor) may be appointed—especially where there are complex financial or care arrangements.

What decisions can a Deputy make?

This depends on the court order, but a Deputy may be able to manage bank accounts, pay bills, arrange care, make investment decisions, or decide on healthcare and living arrangements.

Can a Deputy be removed?

Yes. If a Deputy is acting inappropriately or not in the best interests of the person lacking capacity, the Court of Protection can remove and replace them.

What is the difference between a Deputy and an Attorney?

An Attorney is appointed by someone while they still have capacity, through a lasting power of attorney. A Deputy is appointed by the Court of Protection after capacity has been lost.

How long does it take to get a Deputyship order?

The process typically takes around 4–6 months, depending on the court’s workload and whether the application is contested.

How much does Deputyship cost?

Costs vary depending on the complexity of the application and whether a professional Deputy is appointed. Wollens Solicitors can offer fixed-fee packages for many Deputyship applications.

Can the Court of Protection help with one-off decisions?

Yes. The Court can make single, specific decisions without appointing a Deputy, for example approving a statutory will or a particular financial transaction.