Obtaining a Deputyship Order from the Court

The only option for many families where a loved one has lost mental capacity

What is the issue?

Unfortunately, many families are left in a situation where a loved one (the Patient) has lost the mental capacity to deal with their affairs. When an individual lacks the capacity to manage their financial affairs, they need someone to help them with important financial decisions. This can occur through various means, such as medical negligence, old age or individuals born with disabilities. If the Patient has not appointed an Attorney under what is known as a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA), there is only one real option to deal with the management of their affairs and that is to apply to the court for the appointment of a Deputy.

What is the Court of Protection?

The Court of Protection is the title given to that part of the Supreme Court that deals with the affairs of the mentally incapable. All applications relating to the appointment of a Deputy must be submitted to the Court.  The Court of Protection makes decisions relating to the property, finances and welfare of people who lack mental capacity and are responsible for processing applications and determining the appointment of Deputys.

What is a Deputy?

A Deputy (formerly called Receiver) is a person (or occasionally a Trust Corporation) appointed by the Court to deal with the financial and/or personal affairs of those who are mentally incapable of managing their own affairs. The Deputy may be a professional person, or may be a relative of the mentally incapable person. We have experience in applying to the Court for the appointment of a Deputy and in assisting Deputies in dealing with the “general management” of the Patient’s affairs.

Who can be a Deputy?

Any person over the age of 18 can be a Deputy. Quite often the spouse or a close relative of the Patient will apply to become Deputy. The Deputy is required to act in the best interests of the Patient and record all money spent and received on behalf of the Patient. The Court will consider the suitability of any potential Deputy before making a decision. It is a lengthy and difficult process and therefore we recommend a professional person such as a solicitor is appointed as Deputy to deal with the complex Court of Protection matters.

How can we help?

We act as Deputy’s in several cases and have years of experience in dealing with deputyship matters. We can explain the options available to you if you have a relative who may require a Deputy to be appointed to manage their affairs and guide you through the process.

We offer a free no obligation consultation to discuss matters in which we will explain the options available and the next steps involved. For more information, please call 0121 603 0077 or email info@iwillsolicitors.com .