When a loved one does not have capacity to make decisions for themselves , the process to help them make decisions can be overwhelming and complex . We understand this, our expert team are here to help you.

With over a decade of experience and knowledge, our team can assist you make an application to be appointed as deputy for property and finance & or health & welfare.

We understand there are many reasons why deputyship is needed from :

  • Managing bills and banking transactions
  • Managing compensation
  • Selling property
  • Paying for care home fees
  • Deciding whether one should live including abroad
  • Residency decisions
  • Challenging a lasting power of attorney or deputy appointment
  • Contentious applications

Robinson Wilson Solicitors depth and expertise is exceptional, we can advise you and help you make the correct application to the court of protection.

We are also recognised Panel Deputies working in the South East of England.

 

What does the Court of Protection do?

The Court of Protection makes decisions on financial, or welfare matters for individuals who lack the mental capacity.

 

The Court Key Responsibilities

The Court of Protection has authority to:

  • Determine whether an individual has the mental capacity to make a specific decision
  • Appoint deputies to make ongoing decisions on behalf of persons lacking mental capacity
  • Grant permission for one-off decisions to be made on behalf of someone who lacks mental capacity
  • Handle urgent or emergency applications requiring immediate decisions
  • Make decisions regarding Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA), including consideration of any objections to their registration
  • Consider applications for statutory wills or gifts
  • Make decisions concerning deprivation of liberty under the Mental Capacity Act 2005
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How long does it take for the Court to appoint a deputy?

The appointment process typically takes between 3 to 6 months. However, the Court is currently experiencing delays which may extend this timeframe. In urgent circumstances, the Court can expedite applications, and our team can assist you with this process.

 

Application Stages

For straightforward applications where a hearing is not required, the process involves four key stages:

1. Consultation and Application

We prepare and complete the necessary forms, providing the Court with detailed medical evidence, financial information, and comprehensive details about the proposed deputy.

2. Notification

This is a time-critical phase during which formal notice of the application must be served on close relatives who are not involved in the application.

3. Bond

The final stage requires completion of a Guarantee Bond as stipulated by the Court.

4. Issuing of Order

Once approved, the Court issues the deputyship order.

After the Order is issued

 

Ongoing Supervision

Deputies are subject to ongoing supervision by the Office of the Public Guardian, which includes annual reporting requirements.

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Our Service

We complete and thoroughly check all documentation submitted to the Court. All applications are dispatched by first-class post on the same day we receive your instructions. We also offer an out-of-hours service to assist families who are unable to discuss matters during standard working hours.

 

Fees

Our Fees:

  • £3000 + VAT for straightforward applications
  • Higher fees apply for complex applications

 

Additional Costs:

  • Court of Protection application fee: £371
  • COP3 Capacity Assessment fee (as required)
  • Guarantee Bond fee (calculated based on the value of assets)
  • Barrister’s fees and Official Solicitor’s fees (where applicable in complex cases)
Two people sit across a desk with legal documents, a gavel, pen, and scales of justice between them. Both have hands clasped, suggesting a legal consultation or discussion. A laptop and folders are in the background.

Frequently Asked Questions

1. Can a deputy sell a property owned (or partly owned) by someone who lacks mental capacity?

Yes. A deputy can obtain permission from the Court of Protection to sell property on behalf of someone who lacks mental capacity. This requires a formal application to the Court demonstrating that the sale is in the person’s best interests.

 

2. How long does a Court of Protection order last?

A Court of Protection deputyship order remains in effect until the person under the order passes away. At that point, the executor(s) named in the will, or the administrator of the estate, will assume responsibility for managing the deceased’s affairs.

 

3. What is a deputy?

A deputy is an individual appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves. Deputies are typically family members or close friends of the person lacking capacity.

Types of Deputy:

Property and Financial Affairs Deputy – Manages financial matters, including bank accounts, bills, investments, and property.

Personal Welfare Deputy – Makes decisions relating to healthcare, medical treatment, and day-to-day care arrangements.

 

Who can become a deputy?

Any adult aged 18 or over can be appointed as a deputy. The Court typically appoints family members or close friends who know the person well and can act in their best interests.

In circumstances where no suitable family member or friend is available or willing to act, a professional deputy such as a solicitor or trust corporation may be appointed by the Court.

 

Can a professional become a deputy?

Yes, professional deputies are called Panel Deputies and are appointed by the court. Mrs Coral Williams is a Panel Deputy, if you need a panel Deputy please do make an appointment with Mrs Williams