What is a Deputy?
If a person becomes unable to manage their own financial affairs or personal welfare, it may be necessary to appoint a Deputy to manage their affairs or welfare for them.
A Deputy is not required where the person lacking capacity has made either a Lasting Power of Attorney or an Enduring Power of Attorney, and in either case it is registered with the Office of the Public Guardian.
How is a Deputy appointed?
The Deputy is appointed by the Court of Protection. Deputies can be family members or close friends of the person who has lost capacity. However, most Deputies are solicitors. 6,000 solicitors are appointed to act as professional Deputies every year, and we are happy to take on this role where required.
Responsibilities of a Deputy
The Deputy is appointed to manage the person’s finances and/or their personal welfare. It is a responsible position and where a lay Deputy is appointed (rather than a Professional Deputy) they will often require advice or input from a specialist Court of Protection solicitor with matters such as:-
- Paying for care
- Submitting the annual report and accounts to the Office of the Public Guardian
- Applying for State benefits
- Completing tax returns
- Investing and budgeting funds
- Selling property
How Court of Protection Lawyers can help you
We can act as a Professional Deputy. According to figures published by the Office of the Public Guardian, 90% of Deputies are solicitors.
We also provide a full legal service to lay Deputies, including preparing and submitting the application to the Court of Protection.
The Court of Protection recognises that Deputies may require professional assistance and will approve the payment of legal fees at fixed rates.
Additionally, we can advise on making Statutory Wills where the patient no longer has sufficient mental capacity to make a Will themselves.
And where a Deputy wishes to step down from the role we can take over from them and become appointed as a Professional Deputy in their place.
We offer FREE initial advice on all Court of Protection and Deputyship issues.
Call us on 0808 139 1606.
Or email us at [email protected]