
Deputyship Solicitors
Our compassionate team understand the challenges of managing the implications of someone losing their capacity and strive to make the process as smooth as possible.
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What is a deputy?
A Deputy is a person appointed by the Court of Protection to manage the affairs of someone (the protected person) who has lost the mental capacity to manage their affairs themselves. The loss of mental capacity may arise from a number of causes such as brain injury or following an accident or trauma or from a disease such as dementia
The Deputy’s role is defined by the terms of the Deputyship order from the Court of Protection and the Deputy will be required to make detailed annual reports to the Office of the Public Guardian about how they have made decisions on the protected person’s behalf and how they have used that person’s money
A Deputy is required in circumstances when no Attorney has been appointed by either an Enduring or Lasting Power of Attorney by the protected person themselves. Once appointed, the Deputy must act at all times in the best interests of the protected person. The Deputy can be a family member, friend or professional.
Most appointments as Deputy are confined to managing the financial affairs of someone who has lost the mental capacity to do so themselves. In those circumstances, the Deputy has control of the protected person’s income and outgoings as well as making decisions about the sale or purchase of assets and they will manage these to ensure the protected person’s needs are met. In a few cases a ‘Welfare’ Deputy is appointed who can make decisions regarding the health and welfare of the protected person.
How we can help?
We can assist in advising individuals appointed as Deputies. Our team also includes experienced professional Deputies who can be appointed as Deputy when required. Our clients include those with more complicated needs arising from brain injury at any age as well as those living with dementia or other impairments of the brain. Our Deputies would only accept appointment as Deputy to manage the financial affairs of a protected person and would not accept an appointment as a ‘Welfare’ Deputy.
The Deputy is likely to play a significant role in the life of the protected person and may have to deal with a range of complex issues where experience is vital if they are to be managed properly. A professional Deputy may be granted wide powers by the Court of Protection while the powers granted to a family member may be more limited. This may make things much simpler when dealing with the protected person’s affairs.
The involvement of a professional Deputy may also enable parents of a brain-injured child to focus on their role as parents rather than taking on the duties of an employer, financial adviser, accountant etc.
Personal injury trusts
Our Deputyship team can also provide advice relating to the creation and management of Personal Injury Trusts. These trusts can be useful for clients who have full mental capacity as they can help ensure that damages arising from a personal injury award do not impact on entitlement to state benefits.
They may also be useful where the recipient of the award would like support in the management of the funds to ensure their future needs are met.
Contact us today to find out how we can help you and your family today.

Why choose Mayo Wynne Baxter's legal services
Our award winning legal advisors specialise in helping individuals and families manage their legal affairs.
- Award winning department
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Deputyship Solicitors FAQs
The Court of Protection is a specialist court in the UK that makes decisions on behalf of individuals who lack mental capacity to make certain decisions for themselves. This can include decisions regarding financial matters, medical treatment, or personal welfare. The court ensures that vulnerable individuals are protected and that their best interests are considered.
A Deputyship Order is made by the Court of Protection to appoint someone (usually a family member or professional) to make decisions on behalf of an individual who lacks mental capacity. There are two types of deputyship orders: one for property and financial affairs, and another for health and welfare decisions.
A deputy for property and finances may be needed when an individual cannot make decisions about their financial matters due to a lack of mental capacity. Conditions that might lead to this include:
- Dementia (e.g., Alzheimer’s disease)
- Acquired brain injury (e.g., from an accident or stroke)
- Learning disabilities
- Severe mental health conditions (e.g., schizophrenia, bipolar disorder)
- Progressive neurological conditions (e.g., Parkinson’s disease, multiple sclerosis)
You should contact a Court of Protection solicitor if you are concerned about an individual who may lack mental capacity and need assistance with decision-making. A solicitor can help with applications to the Court of Protection for issues such as managing finances, appointing a deputy, or making decisions about health and welfare.
A Lasting Power of Attorney is a legal document that allows an individual (the “donor”) to appoint someone (the “attorney”) to make decisions on their behalf if they lose mental capacity in the future. This differs from a deputyship, as LPAs are made while the individual has capacity.
If an individual loses mental capacity and does not have an LPA in place, an application to the Court of Protection may be required to appoint a deputy to manage their affairs. Without an LPA, decisions about their health, welfare, and finances may be delayed or contested, which is why early planning is important.
To apply to the Court of Protection, you will need to submit an application form that outlines the decisions you wish to make on behalf of the person who lacks mental capacity. You may also need to provide supporting medical evidence and other documentation. Our team can guide you through this process and help ensure that your application is completed properly.
A “best interests” decision is made by a deputy, attorney, or the Court of Protection when an individual lacks capacity to make a specific decision. The decision-maker must act in the best interests of the individual, considering their wishes, feelings, values, and beliefs as much as possible.
The cost of applying to the Court of Protection varies depending on the complexity of the case. An applicant will need to pay Court fees, and additional costs may include solicitor fees and expert assessments. We can provide a detailed cost estimate and explain any available funding options.
The time it takes for the Court of Protection to make a decision depends on the type of application and the complexity of the case. Simple applications may take a few weeks, while more complex cases, such as contested deputyship applications, may take several months. Our team can provide updates throughout the process.
Yes, if a deputy is not acting in the best interests of the individual, or if there is a conflict of interest, they can be removed or replaced by the Court of Protection. The court will consider the circumstances and make a decision in the best interests of the individual lacking capacity.
While it is not a legal requirement to have a solicitor, it is highly recommended. The process can be complex, and our team will help you navigate the legal system including ensuring that your application is completed correctly and helping gather the necessary evidence.
Yes, we can ask the Court of Protection for us to be appointed as professional deputies to manage the finances of someone who lacks capacity. This is advisable where there is no one who is able or suitable to act, or where the person has a large estate.
You can contact us through our website or by calling us directly. We can assess your situation and provide tailored advice on how to proceed with your application to the Court of Protection.
Meet our team
Our other deputyship solicitors services
What to expect when you contact us
- Once you have completed the contact form or called us, our client service team will call you back, to ask a few questions including your preferred method of contact. This information is then passed directly to the Legal Adviser who will be working for you. Once you are happy to proceed we will gather all the relevant information and your file will be opened almost immediately so we can start work.
- A member of the Client Service Team will keep in contact with you on a regular basis throughout your transaction, to make sure you and them are satisfied with the progress of your matter. There is no additional charge to you for their involvement.
- We are here to assist you and ensure everything proceeds as smoothly as possible. You will have direct contact details for the client service team, who you can contact at any point during your matter.
Our aim is to make the process as easy and uncomplicated as possible for you.