Melanie Varey
Partner, Head of Court of Protection
View Profile
English
We can give you help, advice and set up health and welfare and property and finance Deputyships.
Deputyships are an important part of protecting someone who lacks capacity. The Court of Protection must appoint a Deputy for them to legally make decisions on a person’s behalf.
To become a Deputy, you must make an application to the Court, and you have certain responsibilities to fulfil. In some circumstances, you may need to appoint a professional Deputy.
If you have a loved one or family member who lacks capacity and you want to talk to a specialist Court of Protection Solicitor about becoming a Deputy or appointing a professional Deputy, our experienced team can help you.
A Deputy is a person appointed by the Court of Protection to manage the personal welfare or the property and affairs of someone who lacks the mental capacity to manage them themselves.
There are two types of Deputyships:
A Deputy can only act under a Court Order from the Court of Protection. This order sets out the Deputy’s powers and entitles the Deputy to act for the person who lacks capacity.
If a loved one or family member cannot make decisions for themselves because they lack capacity, we can help you to make your Deputyship application to the Court of Protection.
Our specialist team of Court of Protection Solicitors have years of experience in dealing with the Court of Protection and know the process inside out. They can give you specialist help and advice with your application to make sure the Court grants the Deputyship Order so you can make decisions for your loved one.
In some circumstances, there may be a need for a professional Deputy to be appointed, particularly if there is a large estate. Many of our Solicitors can act as professional Deputies for you.
Our Court of Protection Team are one of the most experienced across the country.
A Deputyship could be needed if they lose capacity to make a decision about either their finances or their welfare and there is no Attorney in place.
You can lose capacity from a progressive illness like dementia or perhaps from an acquired brain injury because of an accident. The decisions that may need to be made are varied and include:
If a family member or loved one has lost capacity, they may need a Deputy. A Court of Protection Solicitor can be appointed as a professional Deputy if the person doesn’t have anyone to act for them.
Contact one of our specialist Court of Protection Solicitors who can help you.
Simpson Millar5 stars
Pete Myers
Pete Myers, a Senior Paralegal – Court of Protection - at Simpson and Millar, was outstanding from start to finish! Pete flawlessly established my Personal Injury Trust Deed and also arranged the set...
Ian McMonagle
Simpson MillarFern Crabtree was professional
Fern Crabtree was professional, curtious and would always be available to answer any of our questions. Fern also warned us up front that we may not achieve our objective and asked us if we still wante...
Dawn Hall
Simpson MillarExcellent service throughout
Excellent service throughout. Applied for Health & Welfare deputyship for my disabled son. Alice Hellewell was always quick to answer any questions and sent through paperwork with full instructions at...
Sharon Vaissiere
Simpson MillarThank you to all the staff of Simpson…
Thank you to all the staff of Simpson Millar Solicitor especially to Ma’am Sarah Collier who did her best by helping me during my difficult time. She was very thorough and efficient in dealing Emmy si...
Mercy
Simpson MillarSuccessful 21a challenge
I was involved in a 21a challenge on behalf of my client and Caroline Hurst from Simpson Millar represented him. My client was very unhappy in the environment he was living in. Caroline listened car...
Heather Lynn Pearson
Simpson MillarDoLS RPR experience of 21A Challenge
I instructed Simpson Millar for a 21A challenge of the DoLS. This was a complex case where my client was in distress and objecting to living in the care home where they resided. Caroline Hurst, Solici...
A DoLS RPR
Simpson MillarHi my name is Musa Yasin
Hi my name is Musa Yasin, I had a very professional And Higher standard solicitor called (Verity Altaras) 1- she helped me to get priority needs as a care leaver when it was very impossible for any o...
Musa
A Deputy’s powers come from the Deputyship Order made by the Court of Protection. The Deputy cannot exceed those powers. The Order could give wide powers to the Deputy, or it could set limits to those powers - for example it could state that large items of expenditure or investment cannot happen without further permission of the Court.
There are additional responsibilities like reporting to the Court. The level of this reporting will be decided and put in place by the Court of Protection.
The Deputy’s duties are set out in the Mental Capacity Act 2005, and in particular follow the general principles set out in the Act:
Anyone over the age of 18 can be a Deputy, but any prospective Deputy must declare any criminal convictions or bankruptcy arrangements to the Court when applying. Any of these things could lead to the application being refused.
In many cases, a husband or wife, partner or close relative will become the Deputy. In cases where there is no one willing or able to take on the role, the local authority can do so, in low value estates, or a professional Deputy, such as a Solicitor, can be appointed.
Where the person lacking capacity has a large estate, a professional Deputy is usually the most appropriate option.
When a Deputyship Order is made, the Office of the Public Guardian will allocate the Deputyship to a category of supervision.
This may range from close supervision (particularly for new cases in the first year or two) to a light touch supervision in straightforward cases. The Deputy’s reporting obligations will depend on the level of supervision.
Yes you can. A Deputyship Order is terminated when the person lacking capacity dies or recovers capacity, or if the Order is limited in time and expires.
It can also be discharged by Order of the Court or Protection or on application by the Deputy, if he wishes to retire or resign. The Court will consider appointing someone else to act as Deputy in these circumstances.
No they wouldn’t as long as the Lasting Power of Attorney has been properly registered and it’s related to the decision needed to be made.
Both Lasting Power of Attorney’s and Deputyships are legal methods to make decisions for people who lack mental capacity.
The main differences are that a Lasting Power of Attorney is made by the person before they lose capacity, so it’s likely to reflect their wishes more than a Deputyship application, which is made by someone else after they lose capacity.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 9764
