Our specialist Court of Protection solicitors advise and assist individuals applying to be appointed as a deputy for a family member or loved one. We guide you through the application process from start to finish, ensuring that everything is prepared correctly and progresses as efficiently as possible.
Applying for deputyship can be complex and time-consuming. Our role is to provide clear, practical support at every stage.
A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to do so themselves.
Deputies are most commonly appointed to deal with property and financial affairs, such as managing bank accounts, paying bills and overseeing property.
A deputyship application is required where:
A formal capacity assessment must be carried out by a medical professional before an application can be made.
The deputyship application process typically involves the following stages:
A medical professional must assess and confirm that the individual lacks capacity to manage their financial affairs. This will also confirm that the individual does not have the capacity required to put in place a Lasting Power of Attorney, meaning that an application to the Court of Protection is necessary.
If required, we can assist in arranging for a suitable capacity assessor to carry out this assessment through an external provider. Please note that any fee for this assessment will be charged by the external provider.
The application forms are completed, setting out details of the individual’s circumstances, assets and the proposed deputy.
As part of this process, we will meet with you to discuss the application in detail. During this meeting, we will explain the application process, provide advice on the steps involved and identify any areas where further legal advice may be required. We will also guide you through the information and documentation needed to prepare the application, ensuring that everything is gathered and presented correctly.
Applications are now submitted to the Court of Protection via an online portal, which we will manage on your behalf as part of the process.
Before the application is submitted, the individual who is the subject of the application (the protected party) and at least three close family members or friends must be formally notified that an application is being made.
The application is then filed with the Court of Protection, together with the required supporting documents.
The Court reviews the application and may request further information or clarification before making a decision.
If approved, the Court issues an order appointing the deputy and confirming the scope of their authority.
We guide you through each of these stages to ensure that the application is completed accurately and without unnecessary delay.
A deputyship application will usually include:
Ensuring these documents are accurate and complete is essential to avoid delays.
The process typically takes several months from submission to appointment, although this can vary depending on the complexity of the case and whether any issues arise during the application.
Applications can be delayed where:
Careful preparation at the outset can help minimise delays.
Our fees are calculated on a time spent basis. We choose to limit our hourly rates to the Guideline Hourly Rates (National Band One), ensuring that our costs remain proportionate and transparent.
We will provide you with a clear fee estimate at the outset and will keep you updated throughout the process as the application progresses.
Provided that the Court of Protection appoints the deputy, it is usually possible for the deputy to pay our fees from the protected party’s funds following appointment.
In addition, there is a Court of Protection application fee of £421.
A deputy is appointed by the Court of Protection after a person has lost capacity.
By contrast, a Lasting Power of Attorney (LPA) is put in place while a person still has capacity, allowing them to choose who will make decisions on their behalf in the future.
If an LPA is not in place and capacity has been lost, a deputyship application will usually be required.
We have extensive experience in Court of Protection work and are trusted by individuals, families and professional referrers.
We work closely with families and professionals to ensure that applications are handled efficiently and sensitively.
We also provide advice and support in relation to:
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