Professional Deputy Services

Professional Deputyship Services

Hugh James is appointed by the Court of Protection as a professional property and financial affairs deputy for over 300 individuals. We are regularly instructed by solicitors, barristers and local authorities to act in this role, often in complex and high-value cases.

We support a wide range of clients, including:

• Children and young adults who have suffered injuries at birth
• Individuals who have sustained traumatic brain injuries following accidents or assaults
• Those affected by negligent or substandard medical treatment
• Adults with learning disabilities
• Individuals living with conditions such as Alzheimer’s disease

What does a professional deputy do?

A professional property and financial affairs deputy is appointed by the Court of Protection to manage the financial affairs of someone who lacks the mental capacity to do so themselves.

This typically includes:

• Managing bank accounts, investments and property
• Funding and overseeing care, therapy and rehabilitation
• Making decisions about day-to-day expenditure and long-term financial planning
• Overseeing property purchases, adaptations and accommodation arrangements
• Working with families and professionals to ensure decisions are made in the individual’s best interests

Deputies are supervised by the Office of the Public Guardian and must act in accordance with strict legal duties, ensuring transparency and accountability at all times.

Importantly, a deputy must support and encourage the individual to make as many of their own decisions as possible. This includes involving them in decision-making, taking into account their wishes and feelings, and maximising their independence wherever practicable.

How is a professional deputy appointed?

A professional deputy is appointed by the Court of Protection following a formal application process. This usually involves:

• Evidence confirming that the individual lacks capacity to manage their financial affairs
• Information about the individual’s circumstances, assets and needs
• Identification of a suitable deputy, whether a family member or a professional

In many cases, a professional deputy is appointed where there is no suitable family member, or where the individual’s affairs are complex or high value. This is particularly common in personal injury and clinical negligence cases.

Professional deputy vs lay deputy

In some cases, a family member or friend (known as a lay deputy) may be appointed. In others, a professional deputy may be more appropriate.

A professional deputy may be suitable where:

• The financial affairs are complex or involve significant assets
• There is ongoing litigation or a substantial damages award
• There is a need for independent decision-making
• Property purchases, adaptations or large-scale financial management are required
• Family members prefer not to take on the responsibility

A lay deputy may be appropriate where:

• The financial affairs are relatively straightforward
• A family member is willing and able to act

We regularly support both professional and lay deputy arrangements, including advising family members on their responsibilities.

Our approach

Many of our clients have received substantial damages awards following personal injury or clinical negligence claims, including provision for ongoing deputyship and Court of Protection costs. We often become involved at an early stage in the litigation process, helping to ensure that interim payments are used effectively to fund appropriate care, rehabilitation and support.

Where appropriate, we directly employ support workers on behalf of our clients, acting as their agent. This helps ensure a coordinated and efficient approach to managing the practical aspects of their care and support.

We have particular experience in overseeing property purchases and adaptation projects, working alongside case managers, therapists, architects and other professionals to ensure that accommodation is suitable for the individual’s long-term needs.

We work collaboratively with all those involved in the individual’s care and place strong emphasis on building long-term relationships with clients and their families. Wherever possible, we involve the individual in decision-making and tailor our approach to reflect their wishes, feelings and circumstances.

We also act as professional trustees for clients with personal injury trusts, providing continuity and expertise in managing significant assets.

Working with external litigation solicitors

We are accustomed to working closely with external litigation solicitors in personal injury and clinical negligence claims and understand the importance of a coordinated approach.

We adopt a structured and transparent approach to the management of interim payments. We maintain a live record of all income and expenditure, updated in real time as funds are received and applied, with supporting documentation organised to provide a clear financial overview at short notice. This enables us to produce concise summaries which closely mirror a schedule of loss, assisting litigation solicitors in progressing claims efficiently and with confidence.

At the outset, we work collaboratively with the litigation team to agree the intended purpose of each interim payment and the period it is expected to cover. We then liaise with case managers and the wider multidisciplinary team to obtain costed care and therapy packages over an agreed timeframe.

Using this information, we prepare detailed projections of anticipated income and expenditure, which are shared with the litigation team for review. Once agreed, we implement the proposed approach, with ongoing monitoring and regular reporting to ensure that expenditure remains aligned with the agreed strategy.

This coordinated and transparent approach ensures that interim payments are utilised effectively throughout the life of the claim.

Fees and transparency

Professional deputy costs are subject to Court of Protection rules and are assessed to ensure they are reasonable and proportionate by the Senior Courts Costs Office (SCCO).

We typically charge in accordance with the Guideline Hourly Rates (National Band One), unless the client is based in London. We are committed to transparency and will always provide clear information about costs at the outset and throughout our involvement, so that families and professionals understand how fees are calculated and what services are being provided.

What sets us apart

Our Court of Protection team is highly experienced in managing complex financial affairs and is trusted by referrers across the sector.

We are:

• Appointed as professional deputy for over 300 individuals
• Regularly instructed in high-value and complex cases
• Experienced in working alongside litigation teams in personal injury and clinical negligence claims
• Highly ranked in Chambers and The Legal 500, and recognised as ‘Court of Protection Team of the Year’ at the British Wills and Probate Awards 2024 and 2025

Our team is supported by specialist Paralegals who build close relationships with clients and their families, ensuring a high level of support delivered in a cost-effective way.

Working with families and professionals

We understand that appointing a professional deputy is a significant step. We work collaboratively with families, ensuring they remain involved and informed at every stage.

We are frequently instructed by:

• Personal injury and clinical negligence solicitors
• Barristers
• Local authorities

Our approach is practical, transparent and focused on achieving the best outcomes for the individual.