Court of Protection & Deputyship

Deputyship provides the authority to make financial or welfare decisions for a loved one who no longer has the mental capacity to make these decisions on their own. It is the duty of a deputy to always act in the best interests of the incapacitated person, making sure that all decisions made are for their benefit.

Apply for Deputyship through the Court of Protection

You can apply to the Court of Protection to legally become a deputy if you are the person’s spouse, partner, child, close relative or close friend – but you must be over 18. There can be more than one deputy, and in such cases the court may order you to make decisions jointly.

If you are appointed financial deputy, you are responsible for the person’s day-to-day financial affairs. This includes budgeting for their future, preserving their access to state benefits (if applicable), looking after any investments they have made, paying their bills, and sorting out their tax.

Of course, looking after an incapacitated loved one’s finances, health and welfare can be extremely stressful, time-consuming and, in some cases, rather harrowing. So, if it’s easier for you, our experienced lawyers can act as their professional deputy – which allows you to concentrate on providing them with loving care.

As such, our range of services cover the following:

• Applications to the Court of Protection for close family members or friends to become a legal deputy
• Specific applications to the Court of Protection, for example the sale of property or preparation of statutory wills
• Legal support and expert dispute resolution with contested deputyship applications
• Professional deputyship, where we act with care to manage the financial and health affairs of a loved one

What does the Court of Protection do?

The Court of Protection makes decisions about financial and welfare matters for those who are unable to do so themselves, due to insufficient mental capacity.

The following is an overview of the type of support that the Court of Protection provides:

• Evaluation of mental capacity for people to make their own decisions
• Appointment of a deputy to make decisions on behalf of people who lack mental capacity, whether this is a family member, friend, or a court-appointed deputy
• Making decisions on whether to give people permission to make one-off decisions on behalf of someone who lacks mental capacity
• Making decisions about LPAs or enduring power of attorney, as well as considering any objections or disputes around this
• Support where urgent decisions must be made for someone who lacks mental capacity
• Resolve disputes around concerns for an individual’s care

How long does it take for Court of Protection to appoint a deputy?

There is no specific timescale for how long it can take for the court of protection to appoint a deputy.

Influential factors on the time scale could include whether permission is required and if all correct information is submitted at once. Additionally, any opposition with the application may hold things up.

In simple cases you could be looking at an approximate window of 3 – 5 months, but in more complex cases it may take up to 8 months.

If you need to make an emergency application there may be special circumstances in which you could fast-track an application, such as where medical treatment is concerned.