Deputyship solicitors

We are specialist Deputyship solicitors. We support clients when they lack the ability to manage their finances, their care, and other important aspects, ensuring their best interests are looked after.

Clear, compassionate legal guidance on deputyship applications and ongoing deputy responsibilities.

Our Deputyship solicitors make sure to get to know our clients very well, visiting them at home and getting to know their families too. All decisions are made in the client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork.

We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

Nationally recognised Court of Protection specialists with decades of experience.
Our specialist team provides expert advice and can act as professional deputies, or support appointed deputies in managing property, financial affairs and personal welfare matters.

Sensitive, practical legal advice tailored to the unique circumstances of each client and their family.
We explain complex legal matters in plain English, ensuring you understand your options and can make informed decisions with confidence.

Court of Protection Deputyship service

Our Court of Protection Deputyship service is led by Ruth Meyer, who also acts as a professional Deputy. Ruth is highly experienced in acting as a Deputy or Trustee as a result of catastrophic claims, but equally, the team can act for those with age-related illnesses.

When acting for family members as a Deputy, known as a “lay Deputy”, our Deputyship solicitors can provide as much or as little support as required. Quite often we are asked to prepare the application for Deputyship, but sometimes we are only asked to complete annual accounts each year or even one-off applications to the Court for care allowances, holiday homes, gifts, and tax planning. We make sure to visit clients at their home address where they may feel more comfortable and work alongside other professionals such as Case Managers, care agencies, and therapists to provide a holistic and supportive service.

In addition, Ruth and the team act as professional Trustees in compensation claims where a person has sustained a physical disability but has retained mental capacity. These are known as Personal Injury Trusts. Such Trusts work in the same way as a Deputyship except Trusteeships will cover those who retain mental capacity to make decisions and Deputyships will cover those who are unable to retain mental capacity to make decisions. Either way, the work is very similar, and each client receives a high level of service bespoke to their needs.

Court of Protection Deputyship FAQs

What is a Deputy?

A Deputy is appointed by the Court of Protection to manage the property and affairs or the personal welfare of a person who lacks capacity to manage them themselves. The Court will have to issue an order appointing the Deputy which will set out the Deputy’s powers and allow them to act on behalf of the person lacking capacity.

The Court of Protection is the court which specifically looks after individuals who lack capacity to make decisions for themselves.

What does a Deputy do?

A Deputy has several duties, which can include:

Taking financial advice on the investment of client’s finances.
Purchasing a property and adapting it to meet the client’s needs.
Purchase of an adapted vehicle or equipment.
Claiming benefits due to the client and liaising with the Department of Work & Pensions.
Employing a case manager to oversee the client’s care team and checking through carers’ contracts, as well as putting employer’s liability insurance in place.
Arranging payment of various invoices as well as holidays for the client with their carer.
Preparing a statutory will (for those over the age of 18).
Completing annual accounts and submitting them to the Office of the Public Guardian.
Completion of tax returns.
Keeping client’s property secure and in a reasonable state of repair, as well as adequately insured.
Making sure client’s money is being used to give them the best possible quality of life.

What are the different types of Deputyship?

There are 2 types of deputy, a property and financial affairs deputy and a personal welfare deputy. You can be just one type of deputy or both.

Property and affairs Deputy

This is a Deputy who makes decisions about property and financial affairs, including the sale and purchase of property.

Health and welfare Deputy

This is a Deputy who makes decisions about health and welfare, including treatment options. However, a Deputy cannot refuse consent to life sustaining treatment and such Deputyship orders are uncommon as the Courts generally prefer to rely on Section 5 of the Mental Capacity Act 2005 which deals with decision-making for care and acts in connection with care or treatment. Typically, if a decision is specific then the Court of Protection will need to be involved but if the decision relates to general day to day health and welfare matters then Section 5 will suffice. For a health and welfare Deputy the Court will need to see a pattern of specific health and welfare decisions that need to be made before they grant a health and welfare Deputyship order.

If a Deputy is in place can the client still make some decisions?

The client may still be able to make some decisions for themselves even if a Deputyship is in place, as the legal test for capacity is “issue specific”. As an example, a person may not be able to make decisions about a large compensation award, but may be able to understand and manage a small amount of cash each week.

Alternatively, a person who lacks capacity to manage their financial affairs may have capacity to make a will and medical evidence will need to be sought to support this.

Who can be a Deputy?

Any person over the age of 18 can be a Deputy. However, the Deputy will need to declare any criminal convictions or bankruptcy arrangements to the Court, which could lead to the application being rejected. A Deputy can be a spouse, partner, or close relative.

In addition, it could be the local authority or a solicitor. When a person lacking capacity has a large estate or where there is a large compensation award, then a professional deputy will almost always be appropriate. Professional Deputies carry their own personal indemnity insurance through a security bond, which will be in addition to the insurance that a standard Solicitor has through their firm.

What is the process to appoint a Deputy?

A Deputy is appointed when an individual’s affairs need to be looked after because the individual is unable to make decisions for themselves.

If a person has already prepared a Lasting Power of Attorney (LPA), which has been registered, then it is unlikely that a Deputyship order is required. However, if the LPA has not been registered and is later proved to be incorrect, then a Deputyship order will need to be applied for. This is specifically the case if a person loses capacity. If this is the case, then an application will need to be made to the Court of Protection asking the Court to appoint a Deputy, in the same way that an individual would request their attorney to act under an LPA. Please note that an LPA can only be taken out by a person over the age of 18 who has capacity to understand the document at the time it was signed.

In some instances, Deputies are appointed to act for children who have suffered catastrophic injuries at birth and need a Deputy to manage the compensation award for their benefit. An application will need to be obtained from the Court of Protection and an application form completed, together with a statement as to the client’s assets and income, a medical certificate regarding capacity of the client and a declaration by the Deputy. This will need to be accompanied by a commencement fee payable to the Court which is £365.

The certificate of medical evidence is usually completed by a medical practitioner such as a person’s GP or psychiatrist, although sometimes a psychologist or social worker can complete the form where appropriate. It is likely that a fee will be charged.

How long does it take to appoint a Deputy?

Once the application has been sent to the Court, it can take up to 5-6 months for the appointment to be made. However, be aware that it can take several weeks to obtain the report on capacity from the doctor, prior to submitting the application to the Court.

How much does it cost to appoint a Deputy?

Boyes Turner arranges to have all of their professional Deputyship fees assessed by the Senior Court Costs Office, and we charge in accordance with the rates set in our area. This is to ensure that they are fair and reasonable. Other fees to consider are as follows:

The medical practitioner may charge a fee for completing the certificate.
The Court application fee is £408.
The appointment of Deputy fee is £100.
The annual supervision fee is £320.
The Senior Court Costs Office fee to assess the bill of costs is either £115 or £225, depending on whether legal fees are over or under £3,000.

The Deputy also has to take out a “security bond” to cover their actions as a Deputy and this will be payable annually. The bond is set by the Court and depends on the value of the assets under the control of the Deputy. The bond fee varies but will be reduced if a professional Deputy is appointed as they have their own personal indemnity insurance in place. The security bond fee is usually between £100-300.

All fees are payable from the assets of the person who lacks capacity, and usually the solicitor will agree to postpone fees until the Deputy has access to the bank account.

What is the Deputy’s involvement in completion of annual accounts?

Deputies are required to complete an annual account each year and submit it to the Office of the Public Guardian (OPG). This account details the financial transactions that have taken place over the last year and the OPG quite often asks for them to be supported by a copy of the Deputyship bank statements and may require copies of receipts.

Our Court of Protection service regularly deal with completion of such accounts and ensure that they are submitted in good time.

How are Deputies supervised?

When a Deputyship order is made the Office of the Public Guardian (OPG) will become responsible for supervising all Deputies.

This may involve a visit from a visitor from the OPG on an annual or ad hoc basis and annual accounts will need to be submitted each year.

Can a Deputyship be terminated?

A Deputyship order is terminated when the person lacking capacity dies or recovers capacity.

If a person recovers capacity, then medical evidence will need to be submitted to the Court of Protection and this is usually a straightforward application.

What is the difference between an Appointeeship and a Deputyship?

An appointeeship is to a person who just receives state benefits on another’s behalf, as that person does not have sufficient mental capacity to manage their own financial affairs.

Appointees are appointed by the Department for Work & Pensions (DWP) and are provided with the authority to manage the state benefits of the client.

A Deputyship works in the same way as an appointeeship but offers the protection of the client’s assets, savings or property. In effect, Deputies cover all of the client’s assets and not just state benefits. Deputies are appointed by the Court of Protection, and the Office of the Public Guardian supervises the work of the deputies appointed by the Court. Deputies are provided with a legal order allowing them to act for individuals in respect to all aspects of their financial affairs.

How is mental capacity assessed?

Mental capacity is assessed in accordance with the Mental Capacity Act 2005 and medical evidence is usually obtained, which the Court generally relies upon. However, ultimately it is the Court who makes this decision as to whether a person lacks capacity. Read more on the Mental Capacity Act 2005.

Contact us

If you would like advice regarding a Court of Protection matter, please complete the form and one of our specialists will be in touch as soon as possible.

Rather give us a call:

0800 124 4845

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What our clients say

Very positive experience

We have had a very positive experience with Boyes Turner – we had had many months of difficulties with our daughter’s previous care provider, alongside our local authority making decisions about future care that were against her best interests. The advice and interventions from our solicitor at Boyes Turner, James Pantling-Skeet, were invaluable in arranging the transfer of care to a much better care provider that we had identified, rather than the choice of our local authority. Several months on, it is an immense relief that we finally have care provision that is meeting the needs of our daughter.

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Very gratefully received

I just wanted to thank you not only for your professionalism but also for your compassion and support for Anja and Tom’s situation. You have had a profound impact for Anja, giving hope where there was none. I am sure you will say you are just doing your job but the unexpected humanity you have displayed that is not normally received from lawyers has been very gratefully received.

Marcus

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On behalf of my myself and my family, I would like to thank you for keeping us informed through every stage, and negotiating a great result.

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Professional and efficient

Everything was handled in a friendly and sympathetic, but also professional and efficient, manner.

Irene Dowdall

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Review following handling of our family’s social care case.

We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability. The case was handled with professionalism and tact.

Andrew

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I would not hesitate in recommending Boyes Turner to anyone.

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James is strategic and has high-quality written work

“James is compassionate and results based. He helps defuse legal situations and has a gentle and convincing manner…He is very precise, with an eye for detail, and very approachable.

Chambers and Partners 2024

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James Pantling-Skeet is absolutely stellar

They have the unique ability to run complex cases involving community care issues as well as education and disability law. James Pantling-Skeet is absolutely stellar. One to watch for sure.

Legal 500 – 2024

Why choose Boyes Turner?

Watch the video1min 17secs

All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork. We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy, the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

We provide the highest standards of advice, understand that each individual has different needs, and offer a bespoke and caring service.
We have established relationships with care agencies, therapists, fund managers and accountants to provide a ‘joined up’ approach for clients.
We have an extensive and highly experienced Court of Protection team with proven skills in supporting clients in professional deputyship, community care, personal injury trusts and statutory wills.
We are nationally acclaimed Court of Protection solicitors. Boyes Turner is recognised as a leading law firm by legal directories Chambers Directory and the Legal 500.