Court of Protection Deputyship

Deputyship applications

A Court of Protection Deputy is someone who is authorised to make decisions on behalf of a person who lacks mental capacity. If your loved one lacks mental capacity and they do not have a Power of Attorney in place, it may be necessary to make a Deputyship application because you will not have legal authority to handle their personal or financial affairs for them.

There are two types of Court of Protection Deputy:

• Property and Financial Affairs Deputy – to do things like pay bills, manage bank accounts, collect benefits or pensions payments and sell property
• Personal Welfare Deputy – to make decisions about things like a person’s day-to-day routine, their medical treatment and where they should live

We have a dedicated team who can assist you with Deputyship applications and ensure that it provides all the power you need to effectively manage your loved one’s affairs. For example, a Deputy is unlikely to have the power to buy or sell property on behalf of the incapacitated person unless the order gives specific permission to do so.

Advice for Deputies

As well as assisting you with the application itself, we also advise Deputies with the ongoing management of a person’s affairs.

Family members often feel they need advice and assistance in understanding their role as Deputy and the obligations upon them. Some, whilst happy to be the Deputy, do not feel comfortable with the ongoing administration and the financial reporting that is required.

We will tailor our advice to provide the level of support you need. We often assist Deputies in the long-term but we are also happy to provide advice in the short-term and in relation to one-off decisions.

Professional Deputies – we can act for your loved one on your behalf

There are occasions where family members wish for their loved ones to be protected and understand the need for a Deputy to be appointed, but perhaps for personal reasons do not wish to take on this role themselves.

We can (and regularly do) take on the role of a Professional Deputy ourselves. This is something we have done for several years. Among our team, Richard Pollock is a member of the Office of the Public Guardian’s panel of approved Deputies, emphasising our commitment to helping those that lack mental capacity.