Deputyship Solicitors

When a loved one loses the mental capacity to manage their affairs and has no Lasting Power of Attorney (LPA), you must apply to the Court of Protection. Our compassionate, SRA-regulated solicitors are experts in Deputyship applications and are here to guide you through this complex process.

A solicitor providing compassionate advice to a family about applying to the Court of Protection

What is a Deputyship Order?

A Deputyship Order is a legal order made by the Court of Protection. It appoints a 'Deputy' to make ongoing decisions for someone who lacks the mental capacity to make those decisions for themselves.

It is the only legal path when a person has lost capacity and does not have a valid Lasting Power of Attorney (LPA). Our solicitors are specialists in handling these sensitive and complex applications.

The Two Types of Deputyship Order

The Court can appoint a Deputy to manage two different areas of a person's life. Select the area you need help with below.

Property & Financial Affairs Deputy

This is the most common type of order, giving you the authority to manage all of the person's finances, including accessing their bank accounts, paying bills and care fees, and selling property. Learn more...

Get Help With a Finance Application

Personal Welfare Deputy

This gives you the authority to make decisions about medical treatment and personal care, such as where they live. The court sets a very high bar for granting this type of order. Learn more...

Get Help With a Welfare Application

Our 3-Step Court of Protection Application Service

The application is complex and requires detailed information. Our solicitors manage the entire process for you to avoid errors and delays.

1. Prepare the Application

We complete all necessary court forms, including a detailed assessment of finances and a witness statement supporting your application.

2. Notify Relevant Parties

We formally notify all required family members about the application in accordance with the court's strict rules.

3. Submit to the Court

We submit the complete application bundle to the Court of Protection and handle all of their subsequent enquiries until the Deputyship Order is granted.

Real UK Case Study: The Importance of Full Financial Disclosure

Re Various Deputies [2018]

The Situation: A number of cases were reviewed where Deputies had been appointed by the Court of Protection but had failed to manage the person's finances correctly.

The Problem: The Deputies had mixed their own money with the person's funds, failed to keep clear records, and made decisions that were not in the person's best interests. This is a serious breach of a Deputy's duties.

The Outcome: The Court removed the Deputies from their role and, in some cases, ordered them to repay the money they had mishandled.

What this means for you: A Deputyship Order comes with significant legal duties and personal liability. Our solicitors not only handle the application for you but also provide ongoing guidance to ensure you fulfil your role correctly and are always protected.

"They Handled a Difficult Situation with Compassion and Professionalism"

"Very friendly and professional service. They made the process of making a Health & Welfare LPA straightforward and stress-free. I was kept informed at every stage and felt I was in very safe hands."

- Google Review

"Excellent communication and a very professional service. They explained everything clearly, especially the importance of the life-sustaining treatment options. I wouldn't hesitate to recommend them."

- ReviewSolicitors Client

"I had a brilliant experience from start to finish. I was listened to, my case was handled with professionalism and care. The whole process was smooth and stress free. I was kept updated through the whole process. I would highly recommend Wildlings Solicitors."

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Your Questions About Deputyship Orders

What's the difference between a Deputy and an Attorney?

An Attorney is chosen by the person themselves in a Lasting Power of Attorney (LPA) while they still have capacity. A Deputy is appointed by the Court of Protection after a person has already lost capacity. The duties are similar, but a Deputy is subject to a much higher level of ongoing supervision from the court.

How long does it take to get a Deputyship Order?

The process is not quick. Due to the need for a thorough capacity assessment and court processing times, you can expect it to take many months. This is why we advise planning ahead with an LPA wherever possible. If an urgent decision is needed, we can ask the court to make an interim order.

How much does a Deputyship application cost?

Applying to the Court of Protection is a more complex and therefore more costly process than making an LPA. It involves court fees, potentially the cost of a medical assessment, and our legal fees for preparing and managing the detailed application. We will provide a clear, written estimate of all costs before any work begins.

Get a Clear Path Forward

This is a difficult journey, but you don't have to navigate it alone. Let our expert solicitors provide the clear, compassionate guidance you need to protect your loved one's best interests.

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