What is a Court of Protection deputy?
A Court of Protection deputy can be appointed when a loved one loses the ability to manage their financial affairs or personal welfare.
This can happen as a result of old age, a medical condition such as dementia or as a result of an accident.
Once appointed, the deputy is becomes legally entitled to manage that person’s affairs or their welfare.
A deputy is not needed if the person lacking capacity has previously made a power of attorney.
Appointing a Court of Protection deputy
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.
Our team of specialist lawyers are here to guide you through this process and can make the application to the Court of Protection. We can act as a deputy ourselves or, where you choose to take on this role, we can provide a full package of support.
Responsibilities of a deputy
Acting as a Court of Protection deputy is a responsible position and deputies must comply with the rules set down by the court.
If you decide to become a deputy then you will benefit from legal guidance provided by experienced Court of Protection lawyers. We can assist 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; and
- selling property.
The Court of Protection recognises that deputies may require professional assistance and will approve the payment of legal fees at fixed rates.
Deputies who fail to comply with the court’s requirements are likely to be removed.
Appointing us as a professional deputy
We can act as a professional deputy. According to figures published by the Office of the Public Guardian, 90% of deputies are solicitors.
We can also take over where a deputy wishes to step down from the role.
To begin the process simply call our free helpline for an initial chat on 0808 139 1606 or email us at [email protected]