Court of Protection and deputyship solicitors in Leicester

If someone loses mental capacity and hasn’t made a lasting power of attorney, nobody has automatic authority to manage their money, not even their husband, wife or children. Usually someone has to apply to the Court of Protection to be appointed as their deputy.

When you need a deputy

Typically where a parent with dementia has savings or a house that needs managing or selling to pay for care, where an adult has a brain injury or learning disability and receives compensation or an inheritance, or where someone has had a stroke and bills are going unpaid.

Types of deputy

Property and financial affairs deputy: by far the most common. Manages bank accounts, pays bills, deals with investments and, with the court’s authority, property.

Personal welfare deputy: much rarer. The court usually prefers to make individual decisions about health and care as they arise.

The application

The application is made to the Court of Protection with forms including a capacity assessment by a doctor or other professional, details of the person’s assets and income, and information about the proposed deputy. Close family must be notified, and the person themselves must be told. Once appointed, a deputy usually has to buy a security bond and is supervised by the Office of the Public Guardian.

Being a deputy

Deputies must act in the person’s best interests, involve them as far as possible, keep their money separate, keep records and file annual reports. Some decisions, such as making gifts or selling a home, may need extra authority from the court. Professional deputies, often solicitors, can be appointed where there’s no suitable family member or the affairs are complicated.

Common questions