Deputyship Solicitors

Deputyship Solicitors

Deputyship SolicitorsOur deputyship solicitors specialise in helping clients to apply to act as a deputy for their loved ones, and advising deputies on how to fulfil their role properly. With decades of experience in Court of Protection Work, we offer sensitive legal advice at competitive rates.

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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What Is A Deputyship?

A deputyship is a formal legal arrangement used when someone cannot make decisions for themselves due to mental incapacity. It arises when the Court of Protection, which is part of the Family Division of the High Court, appoints people, known as deputies, to make decisions on behalf of a person lacking capacity.

There are two main types of deputyship: a property and financial affairs deputyship and a personal welfare deputyship.

A property and financial affairs deputyship involves the deputy managing the financial affairs of the person lacking capacity. This might involve, for example, paying their bills, organising their pension, or managing their property portfolio.

A personal welfare deputyship involves the deputy making decisions about matters such as healthcare, medical treatment, and living arrangements on behalf of the individual who lacks capacity. The Court of Protection will generally only appoint a personal welfare deputy if there is doubt over whether the decisions being made are in the person’s best interests or if a deputy needs to make certain decisions over time, such as where the person lacking capacity should live.

How Do You Become A Deputy?

To become a deputy, you must apply to the Court of Protection. The application process involves completing a number of forms that request various information, depending on the type of deputyship you are applying for. For example, if you are applying to be a property and financial affairs deputy, you will need to provide details of the financial position of the person lacking capacity, including their income, expenditure, and assets.

You will also need to provide a professional assessment of mental capacity for the person in respect of whom you are applying to act as deputy. The assessment must be completed by someone with the relevant qualifications, such as a mental health practitioner, a GP, a psychologist, or a nurse.

Many people applying for a deputyship seek professional advice from specialist deputyship solicitors like ours to ensure that they complete the numerous forms accurately and give their application the best chance of success.

The Court of Protection will review your application and decide whether to approve it. In some cases, the Court may schedule a hearing to gather more information. If the Court demands a hearing in your matter, our deputyship solicitors will prepare your case beforehand and represent you in Court.

What Are A Deputy’s Duties?

Deputies are tasked with taking care of the most vulnerable members of our society. In recognition of the trust placed in deputies, the law imposes various duties on them. Those duties include the following:

  • Deputies must act in the best interests of the person who lacks capacity. This is the most important duty of a deputy. They must consider what the person would have decided if they had the requisite capacity to decide for themselves, consulting with family, friends, and professionals where necessary.
  • Property and financial affairs deputies must manage the finances of the person who lacks capacity prudently. This involves paying bills, collecting benefits and pensions, and making sensible investment decisions. Crucially, property and financial affairs deputies should keep the money belonging to the person who lacks capacity separate from their own money.
  • Deputies must maintain clear and accurate records of all decisions made and action taken.
  • Deputies must submit a report to the Office of the Public Guardian each year, detailing the decisions they have made and how they have spent the money belonging to the person who lacks capacity.

How Can Our Deputyship Solicitors Help?

Our deputyship solicitors routinely advise and support both property and financial affairs deputies and personal welfare deputies in applying for the position and carrying out their duties. In addition, we act for individuals who are concerned that a deputy is not acting in the best interests of a person who lacks capacity or is unable to fulfil the role effectively. We support individuals who are concerned about their own deputy’s actions and advise those involved in disputes relating to mental capacity or about the care or medical treatment that would be in a person’s best interests.

Our deputyship solicitors understand that many issues involving the Court of Protection are highly emotive, and we combine exceptional legal advice with a human touch. Whatever your reason for needing our help, you can be confident that your matter will be handled swiftly, efficiently, and sensitively, and that we will go above and beyond to ensure that the interests of the person lacking capacity are protected at every stage.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.