Appointing a Deputy

Home Services Medical Negligence & Personal Injury Court of Protection and Deputyship Appointing a Deputy

Your financial affairs do not have to be complex but if you lose capacity to make your own decisions and you have not already made a Lasting or Enduring Power of Attorney, then it may be necessary to apply to the Court of Protection for the appointment of a deputy.

We are recognised as experts in our field and we can guide you, and those closest to you, through the process of applying to Court. We will explain in clear and simple terms what is involved and how long it will all take.

The reputation of the Court in the media has suffered in recent years but, as with other issues portrayed in the press, the true picture is not always so obvious or as worrying as you might think. Appointing a deputy is a huge step in anyone’s life but it certainly does not mean that all control over your own decision-making has now ended. We want to ensure that you are properly informed.

Among the many things we will discuss with you will be:

Obtaining medical evidence to confirm the position on capacity. We can recommend experts to assist in this process if needed.
Who should be applying to become the deputy? We can act as the deputy but we will explore all options with you – our appointment as deputy is not the default choice.
How to prepare the application papers and what information we will need from you to complete them.
The timescale for the application. This is usually several months but under certain circumstances it may be possible to deal with matters much more urgently.
What happens when the deputy is appointed and what practical steps need to be taken at that time?
The responsibilities of a deputy, their obligations under the Mental Capacity Act 2005 and how they will be supervised.
Our fees and the Court’s charges. These are normally paid from the funds of the person who has lost capacity and we will be open and up front about our likely charges.

Appointing a deputy is only the first step and our relationship with you does not end at that point. We want you to be confident, whether as the deputy or as the person who needs a deputy, that your affairs are being looked after appropriately and we will support you for as long as you need