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Bringing or Defending a Legal Claim as Deputy

If you are acting as Deputy and you believe that the person you are responsible for may have a legal claim, which they cannot bring themselves, an application will need to be made to the Court of Protection before legal proceedings can be brought on their behalf. Our specialist team can help you navigate your way through this complicated area.

Why do I need to make an application?

There is usually no authority to bring a legal claim in the Order appointing the Deputy. Whilst a Deputy may be able to obtain legal status to commence proceedings this may leave them personally liable to meet any costs. Such an individual would not usually have any recourse to the assets of the protected party for costs without an Order of the Court of Protection.

Even in cases where the Deputy’s authority is widely worded and an existing general order might be thought to be sufficient, there is much to be said for the Deputy making an application to the Court for specific approval of the proposed litigation, or defence to litigation.

Our team has expertise in dealing with these types of applications and they are generally dealt with quickly, and without a Court hearing. We can advise you on the merits of the legal claim, whether it is their best interests to bring it, how a Litigation Friend can be appointed, what the likely costs will be and complete the application to Court for you.

For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email enquiries@lindermyers.co.uk

Meet the Court of Protection team
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