If a person lacks or loses mental capacity his or her affairs need to be managed for them. If the person lacking capacity has not prepared Lasting Powers of Attorney, a person must be appointed by the Court as a 'Deputy'. A Deputy, like an Attorney, is someone appointed to manage the affairs of another person who lacks mental capacity.
A Deputyship application is made to the Court of Protection by a third party (often a relative) after a person loses mental capacity. If there is no suitable family member or friend to act for the person lacking capacity, the Court may appoint a Panel Deputy (usually a solicitor or accountant) or somebody from the local authority to act instead.
Deputyships are similar to Lasting Powers of Attorney. Deputies usually only deal with Property and Finances but very rarely they can be appointed to make decisions about Health and Welfare. A Deputy must file annual accounts with the Court of Protection and consult the Court on major decisions.
Our team of experienced private client solicitors have substantial experience in dealing with deputyship applications. Lilian Clark is an experienced Court of Protection appointed Deputy and will be happy to discuss individual cases on a no obligation basis. Our team can help clients prepare applications, liaise with the Court of Protection regarding applications and assist Deputies in managing their Deputyships and in making further applications to the Court of Protection if/when required.
Our solicitors will be pleased to help.
Geoff joined the firm in 2019 and has over 30 years experience in dealing with Private Client matters. Geoff specialises in Wills and Probate, Trusts/Asset Preservation and Powers of Attorney.
Fiona qualified in 2012 and joined the firm in 2021 after having previously worked for a number of years in legal advice clinics based at Northumbria University and the University of Sunderland. Fiona also lectures part time at the University of Essex online. She now specialises in Wills and Probate, Trusts/Asset Preservation, Powers of Attorney and NHS continuing healthcare advice.