Deputyship Application Solicitors

Our deputyship application solicitors guide and support our clients through the intricate process of applying to act as a deputy for an individual who has lost capacity to make decisions for themselves. With decades of experience in this complex, niche area of law and a reputation for being compassionate and approachable, we will work closely with you to protect your loved one’s welfare and ensure that their best interests remain at the centre of the process.

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

“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”

When Do You Need Deputyship Application Solicitors?

When a person loses capacity to make decisions for themselves, their loved ones can apply to act as their deputy and take over control of their affairs. People can lose capacity for a variety of reasons, including the following:

• Dementia

Individuals with dementia may lose capacity to manage their own affairs. Crucially, a dementia diagnosis in itself does not render someone unable to make their own decisions. However, if their condition means that they lose capacity, their loved ones may need to seek advice from deputyship application solicitors to obtain legal authority to make decisions on their behalf.

• Catastrophic Brain Injuries

Individuals of any age can be involved in an accident that leaves them with a catastrophic brain injury and unable to make decisions for themselves. In these cases, their loved ones may need to make a deputyship application to give them the authority to make decisions about the person’s care and manage their finances, including any compensation they receive if their accident was caused by the negligence of a third-party.

• Mental Illness

Serious mental health conditions, such as schizophrenia, bipolar disorder, or severe depression, can sometimes impair a person’s judgment or ability to weigh up information, leading to temporary or ongoing loss of capacity. Their loved ones may need to seek support from deputyship application solicitors to make the necessary application and obtain the court’s permission to take control of the affected person’s affairs.

There are two main types of deputyships, which are distinct from each other. They are as follows:

Property and Financial Affairs Deputyships, which enable the deputy to make decisions relating to the affected person’s finances. This may include managing their bank accounts, paying their bills, dealing with their pensions and investments, and managing any property they own.
Personal Welfare Deputyships, which enable the deputy to make decisions about the person’s health and welfare. This might include treatment choices and daily care needs.

Allowing someone to take over control of another person’s finances or personal welfare is a significant step, and the law governing deputyship applications is stringent. Accordingly, most people wishing to take on the role of deputy instruct specialist deputyship application solicitors like ours to guide and support them through the process.

What Do Our Deputyship Application Solicitors Do?

Our deputyship solicitors assist our clients with making deputyship applications as well as all other aspects of Court of Protection work. We will be by your side from the start of the process until you obtain the Deputyship Order and beyond. Just some of the tasks that our deputyship application solicitors carry out on our clients’ behalf include the following:

• Advising On Whether A Deputyship Order Is Necessary

It is not always necessary to seek a deputyship order, even if your loved one has lost capacity to manage their own affairs. For example, if your loved one put a Lasting Power of Attorney in place before they lost capacity, our deputyship allocation solicitors will review that Lasting Power of Attorney to ascertain whether it covers the current situation. If it does, you will not need to apply for a deputyship order.

• Arranging For Capacity Assessments

The Court of Protection will only grant a deputyship order when they are satisfied that an individual has genuinely lost capacity. Our deputyship application solicitors frequently arrange for appropriate professionals, such as a GPs, consultants, and psychiatrists, to give their expert opinion on an individual’s mental capacity, which they use in support of our clients’ deputyship applications.

• Preparing And Filing Deputyship Applications

Becoming a deputy involves filing a number of detailed forms and documents. Our deputyship application solicitors assist our clients in completing this documentation, ensuring the information is accurate, complete, and persuasive. Mistakes or omissions can lead to delays, so getting it right first time is crucial.

• Providing Ongoing Support And Advice

You may need support from our deputyship application solicitors even after the Court of Protection has granted the deputyship order. That’s because deputies are subject to a number of strict legal requirements to ensure that they carry out their duties properly and that the vulnerable person’s interests are protected. We will ensure that you understand the nature and extent of your duties, which might include setting up complex financial arrangements, such as trusts, and reporting to the Office of the Public Guardian, and fully comply with them.