If your loved one has lost the capacity to deal with their own financial affairs or make informed decisions about their personal welfare, it can be really difficult to know what to do. Our Court of Protection solicitors are here to help. We can advise you on how to appoint a deputy, who will be responsible for the vulnerable person's decisions, and can assist you in carrying out the duties of the role.
Our priority is to provide the right guidance and continued support to ensure that the needs of your loved one and your family are met.
We advise on:
- applications to the Court of Protection
- deputyship applications
- the role of a deputy, their powers and duties
- Statutory Will applications
How we help as trusted Court of Protection specialists
Becoming a deputy is not always straightforward. We know it can be tricky to understand the Court’s processes and timescales, and can be a confusing, stressful and upsetting time. Our solicitors are experienced in making applications to the Court of Protection, ensuring this goes as smoothly as possible for you. We explain everything in plain English, so you know exactly what to expect at each stage.
We're also able to help you in your role as deputy. Navigating your duties can feel challenging but we provide guidance on the day-to-day management of the role and specific issues as they arise.
In certain circumstances, we can act as a professional deputy; for example, if your loved one's affairs are especially complex, where there is no other suitable Deputy, or where a Deputy has given up or wants to give up their duties.
We can help you with many of your duties, including:
- Completing tax returns
- Paying for care
- Accessing benefits
- Applying for a Statutory Will
- Making decisions regarding healthcare
- Making decisions regarding accommodation
- Submitting your annual report to the Office of the Public Guardian
What is the Court of Protection?
The Court of Protection is there to protect people who don't have the mental capacity to make decisions for themselves. The Court has the power to assign somebody (a ‘deputy’) to look after someone’s financial or health needs, or both.
If your loved one has lost the capacity to manage their affairs, you're not able to act on their behalf unless they have already named you within a Lasting Powers of Attorney document. In this situation, the Court of Protection appoints a deputy, providing protection for the vulnerable person by ensuring the most appropriate deputy is chosen.
What is the role of a deputy?
There are two forms of Court of Protection deputyship, one for health and personal welfare, and one for property and financial affairs. The ongoing duties are slightly different for each and, while deputies have similar powers to attorneys, there are more stringent requirements in terms of ongoing supervision and reporting.
The Court may need to approve certain applications, such as using resources for tax planning purposes or putting a new Will in place, to check these are in the best interests of the individual.
Why choose Tozers?
Our specialist Vulnerable Clients team is experienced in dealing with the Court of Protection and advising loved ones on the responsibilities of deputyship, and have been doing so for many years.
We’re recognised in leading legal directory, The Legal 500, which notes Tozers as being "very approachable and knowledgeable". We’re also members of the Society of Trusts and Estates Practitioners (STEP), so you can be confident we’re at the forefront of best practice.
Most importantly to us, our expertise is reflected in the positive feedback we receive from our clients. We take the time to build relationships, helping our clients and their families to feel more at ease when dealing with situations which are often difficult and worrying.
“First rate service. Friendly, approachable and efficient. Great communication and really happy with the service and support that we received.”
Find out how we can help you
For legal advice on deputyships and the Court of Protection, contact our solicitors using our online enquiry form below or call us at one of our offices.