Property & Financial Affairs Deputyship Order

When a loved one can no longer manage their finances and has no LPA, you must apply to the Court of Protection. Our specialist SRA-regulated solicitors can guide you through the process of obtaining a Deputyship Order to legally manage their property and financial affairs.

A solicitor providing compassionate advice to a family about a parent's finances

What is a Property & Financial Affairs Deputyship Order?

When a person loses mental capacity without an LPA, they are unable to legally manage their finances. A Deputyship Order from the Court of Protection is the formal legal document that gives you, as the appointed 'Deputy', the authority to manage their financial affairs on their behalf.

It is the legal key that unlocks their accounts and allows you to look after their best interests.

What Powers Does a Deputy for Property and Financial Affairs Have?

The Court Order will grant you the authority to perform essential tasks, including:

Accessing Bank Accounts

To withdraw funds, monitor statements, and ensure their money is secure.

Paying Bills & Care Fees

To pay for essential outgoings such as utility bills, council tax, and care home fees.

Managing Property

To arrange maintenance, insurance, or, if necessary, to sell their property to fund their care.

Dealing with Benefits & Pensions

To claim and manage all state benefits, pensions, and other income on their behalf.

Get Help With Your 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 the 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.

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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 financial 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.