Deputyship Solicitors

What is a deputyship?

A deputyship involves the Court of Protection appointing someone to make decisions on an individual’s behalf if they are no longer capable. Decisions will be made with the individual’s best interests at heart and can include choices about their health, wealth, business and investments.

Types of deputy

There are two main routes that would require a deputy, and these include:

• Personal deputy – this would be a family member or a close friend. They’d apply to the Court of Protection with the idea of being appointed themselves. Usually, this will be the suitable solution if someone close to the individual is able to take on the responsibility of making decisions for them.
• Professional deputy – instead of a family member or friend, this would be a solicitor. They’d act for the individual if there isn’t a close contact to handle the individual’s affairs, but this may also be the right decision if the individual has significant or complex wealth.

We’ll be able to advise on which deputy is right for your situation, once we’ve analysed your circumstances.

Which type of deputy do you need?

As each case is different, making the right choice for your deputy will be based on who you have available around you, your assets and the responsibilities involved.

Who needs a personal deputy?

• You are looking after a relative that has lost the capacity to make their own decisions and has not put an LPA in place.
• You feel confident in managing someone’s assets on their behalf and are willing to take on the day-to-day responsibilities, such as arranging their care or bills.
• You want to be involved in the individual’s affairs to ensure their wishes are handled with care.

Who needs a professional deputy?

• The individual doesn’t have a family member or someone close that is willing to take on the responsibilities.
• The individual has significant or complex finances – this can happen after receiving compensation.
• They have property and investments that require proper management that may require professional supervision.
• The individual’s family have decided a professional is better equipped at handling the responsibility.

What are the responsibilities of a deputy?

If you’re considering becoming part of a deputyship, you might be curious as to what responsibilities you’ll hold. These can range depending on the individual who has lost capacity, but you can expect the role to include:

• Taking care of the individual’s bank accounts and any finances, including savings.
• Arranging long-term care if they need it, such as moving them into assisted living.
• Paying bills and ensuring they’re paid on time.
• Claiming the individual’s benefits if necessary.
• Taking care of their property, whether that’s selling or upkeeping.
• Reporting to the Office of the Public Guardian to inform them on the deputyship.
• Liaising with accountants or other advisors to ensure the individual’s assets are secure.

These responsibilities apply whether the deputyship is personal or professional. It must also be noted that as per the Mental Capacity Act 2005, deputies must help the individual make their own decisions if feasible and not assume they are taking over all decisions completely.

How can Fisher Jones Greenwood help?

No matter which type of deputyship you’re considering, we’ll help you decide which is the most suitable solution for your circumstances. We can guide you through the process, and assist on:

• Supporting you through the Court of Protection application and help you draft and collect evidence. We understand the process can be complex, so we’ll be on hand to answer questions and assist where we can.
• Providing support even when the deputyship is set up. We can be there to help with amendments to the plan or guide you on your responsibilities.
• If you opt for a professional route, our deputyship solicitors will help the individual make decisions and manage the day-to-day responsibilities.

Our process

We understand that every case is different, and we’ll never use the exact same approach for everyone. Our tailored method will be designed to help get a resolution for you; however, you can expect to follow a similar process:

Step 1: We’ll discuss your case with you and learn all the details that are involved. We’ll talk about the types of deputyships available and help you decide which one is right for you.

Step 2: Once you’ve decided on the route you’d like to take, we’ll collect evidence that will be put forward in your application. This includes evidence of the individual’s capacity.

Step 3: We’ll aid in the application process and check over everything to ensure it complies with the requirements. We’ll then submit the application for you.

Step 4: The Court of Protection will decide on whether to grant the deputyship based on your circumstances and application. They will also consider the individual’s best interests.

Step 5: Once a deputy has been appointed, they will begin their role and manage the relevant responsibilities.

If the Court decides against the deputyship, we will support you in redoing your application to include more evidence (if this is the reason for the denied appointing) or we’ll discuss other steps you can take.

Why choose Fisher Jones Greenwood?

Our deputyship solicitors are experienced in handling both personal and professional matters, ensuring the best interests of the individual are at the heart of the case. We understand that this can be a difficult time, which is why we’re always on hand to answer questions and guide you through the process.

We’ll always keep you up to date on the progress throughout your case, and ensure everything we explain is in plain English, with no confusing legal jargon added.

Fisher Jones Greenwood has been helping clients all over Essex, Suffolk and London for over 40 years, providing transparent fees, expert advice and legally sound support to help you navigate processes you may not be used to.

National scale, proven expertise

Fisher Jones Greenwood is part of Lawfront, a national group of regional law firms. Together, our private client teams total almost 180 specialists and hold seven Legal 500 rankings nationally, including three Tier 1.