If your loved one, friend or family member has lost capacity, we can provide expert legal advice and support when you need it most.
When and why is a Deputyship needed?
If your loved one or friend has not got round to appointing an Attorney under a Lasting Power of Attorney and no longer has capacity to do so, there is nobody to manage their affairs. If this is the case, an application to the Court of Protection (Court) to appoint a Deputy must be made.
Without this, nothing can be done with their property and financial affairs. This means nobody can deal with their house, bank accounts, bills, debts, care fees or make sure they have enough money for food and everyday needs. This may be troublesome, especially for someone who is already vulnerable.
People may lose capacity because of a brain injury, birth injury, dementia or learning difficulty. If you are not sure whether they have lost capacity, already have an Attorney or need a Deputy, we can help.
What do Deputies do?
Once a Deputy is appointed by the Court to manage a person’s finances and property they have the Court’s authority to do all the things an Attorney can do. This may include buying or selling property, claiming benefits, arranging investments and managing bank accounts.
Who can be a Deputy?
Anybody over 18 can be a Deputy but it is the Court’s decision who is appointed. It is usually a family member or close friend who is appointed as a Lay Deputy or a professional solicitor (such as from Linder Myers) who is appointed as a Professional Deputy. Deputies can either act alone or together with another Deputy and we can fully advise you of the options.
We will work with you to find the best solution to your needs and advise you of the pros and cons of a Lay Deputy and Professional Deputy acting for your loved one or friend. We are also happy to work alongside you, as joint Deputies.
To find out more about being appointed as a Lay Deputy, please click here.
To find out more about appointing a Professional Deputy, please click here.
For friendly advice and guidance, contact our Court of Protection team on 0800 042 0700 or email firstname.lastname@example.orgMeet the Court of Protection team