Our Deputyship Order solicitors specialise in advising vulnerable individuals and their families on all matters relating to deputyships and the Court of Protection. Our solicitors are compassionate and empathetic, offering exceptional legal advice in plain English at highly competitive rates.
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What Is A Deputyship Order?
A Deputyship Order is a Court Order made by the Court of Protection, a specialist Court established to make decisions on behalf of individuals who lack capacity. Sometimes, the Court of Protection permits named individuals to make those decisions. It does so by granting a ‘Deputyship Order’.
There are two types of Deputyship Orders, which are as follows:
• A Property And Financial Affairs Deputyship Order
This type of Deputyship Order permits the named deputy to take over control of the finances of the person who lacks capacity to make decisions for themselves. The deputy might be permitted to take over tasks such as managing bank and building society accounts, selling, buying, or renting property, and paying bills.
• A Health And Welfare Deputyship Order
This type of Deputyship Order permits the named deputy to make decisions about the individual who has lost capacity’s health and welfare. Those decisions might relate to issues such as the individual’s living arrangements, medical care, and personal hygiene. Health and Welfare Deputyship Orders are less commonplace than Property and Financial Affairs Deputyship Orders.
When Do You Need A Deputyship Order?
You might need a Deputyship Order in various situations, including the following:
- The individual who has lost capacity does not have a Lasting Power of Attorney in place. Lasting Powers of Attorney are a type of future planning that an individual organises while they still have capacity. In a Lasting Power of Attorney, you can detail who you want to manage your affairs in the event you become unable to make decisions for yourself and state the nature and scope of those decisions.
- The decisions that need to be made are beyond the scope of the Lasting Power of Attorney made by the person who has lost capacity. When you make a Lasting Power of Attorney, you can place restrictions on your attorney’s powers. If the decision that needs to be made is one which your attorney is not permitted to make on your behalf, the individuals who wish to manage your affairs will likely need to apply for a Deputyship Order.
How Can Our Deputyship Order Solicitors Help?
If someone you love has lost the capacity to manage their own affairs and there is no Lasting Power of Attorney in place, you will likely need to apply for a Deputyship Order before you can make decisions on their behalf.
Our Deputyship Order solicitors understand that witnessing a loved one lose the ability to make their own decisions can be distressing. They will guide you through the process from start to finish, offering not only exceptional legal professionals but also personal support, and making the process as stress-free as possible for you and your family.
Just some of the tasks with which our Deputyship Order solicitors frequently advise our clients include the following:
• Advising Families On The Legal Framework Governing Deputyship Orders
Few people have previous experience of Deputyship Orders or the Court of Protection when they seek advice from our Deputyship Order solicitors. Our team speaks your language; they will never confuse you with complicated legal jargon but instead translate the legal principles into practical guidance to ensure you understand what you need to do and why. They will be with you every step of the way, making sure you understand the process and responding to any queries you may have promptly and comprehensively.
• Preparing And Submitting Applications
One of the main roles undertaken by our Deputyship Order solicitors is preparing and submitting deputyship applications. This involves a considerable amount of paperwork, which our Deputyship Order solicitors will prepare on your behalf, ensuring it is clear and accurate and thereby avoiding any unnecessary delays in obtaining the Deputyship Order.
• Advising Deputies On Their Legal Duties
Deputies are subject to a number of legal duties to ensure that the decisions they make are in the best interests of the individual for whom they are acting. The Office of the Public Guardian closely supervises deputies to ensure they comply with these duties. Our Deputyship Order solicitors frequently assist clients in understanding and fulfilling their legal obligations, which may include accessing state benefits, completing tax returns, and submitting an annual report to the Office of the Public Guardian.
If you need assistance with applying for a Deputyship Order, complying with your duties as a deputy, or any other Court of Protection matter, please contact our Deputyship Order solicitors.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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