Back
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Deputyship Applications for Court of Protection.
If someone has lost the mental capacity to manage their own affairs it is often down to their family to make suitable financial arrangements.
If the person had the foresight to previously make a Power of Attorney, then an appointed person will have authority to manage their financial affairs.
However, it is often the case that no Power of Attorney is in place and the family is left with no legal authority to deal with the relevant institutions, such as utility companies, building societies, banks and pension providers.
In most cases, an application needs to be made to the Court of Protection under the Mental Capacity Act 2005 for an order appointing someone as a Property and Affairs Deputy.
Sometimes, a Health and Welfare Deputy is also appointed if there is an ongoing disagreement about where a person should live or their medical treatment.
A deputy’s responsibilities are quite onerous and it is important to take professional advice about the process from a court of protection solicitor who specialises in this kind of work. Any legal costs are usually paid from the funds of the person lacking capacity.
Lanyon Bowdler is one of the few legal practices in the area to have its own specialist Court of Protection Department, with a wealth of experience and knowledge.
Deputyship Applications
Deputy applications are legal documents which allow you to apply for a decision from the Court of Protection, on behalf of another person. You can be a deputy if you have been granted legal authority by the court over another person’s affairs and assets.
This role requires at least one application and usually involves an assessment by a local authority social worker, GP or independent nurse looking into:
- the person’s ability to make decisions for themselves
- their physical and mental health
- whether they have acted in this way before (and if so how)
There are many different types of cases involving deputyship. This may be full time, part time or even just on certain issues like medical treatment.
Deputyship is only suitable if someone loses their mental capacity as a result of illness or accident. If it’s due to old age then an enduring power of attorney might be more appropriate.
Your Deputyship Applications questions answered
What is the difference between deputyship and power of attorney?
There is some overlap between deputyship and a lasting power of attorney.
A person can be both a deputy and an attorney, but they don’t have to provide the same type of authority over another’s affairs or assets. This means that someone could grant one person legal authority for health care decisions, while also granting another person legal authority for financial decisions.
A lasting power of attorney arrangement is made when the individual has the capacity to make these types of decisions for themselves, in preparation for the time when this might no longer be the case. An LPA identifies who you want to look after your health and welfare should you lose capacity in the future. Deputies are appointed after the person has lost their mental capacity if a power of attorney wasn’t already put in place.
It can be set up by anyone over the age of 18 as long as they are deemed to have the capacity to do so.
What does deputyship allow the deputy to do?
The person who is appointed as a deputy can make decisions about where someone lives, their medical treatment (including refusing certain types of treatment), who they associate with, and how their money is spent. The deputyship must be registered in order for that deputyship to have legal authority over another individual’s affairs or assets.
Who should apply for deputyships from the court of protection?
Family members are often involved in applying for deputations on behalf of loved ones because family members know the patient best. Mental health professionals may also apply if there has been an assessment which indicates it would benefit the adult to have a deputy.
Can a deputy change a will?
Yes, deputyship does not mean that a patient loses any rights they would ordinarily have. A deputy could apply to the court of protection to change a will if they consider that to be in the person’s best interests.
The deputy can make decisions which could include changing the person’s will and appointing new trustees if necessary. If there is no Will in place, then deputyship provides legal authority to distribute property as appropriate for the individual concerned; this would be done according to their wishes as known by those who know them best. An executor or administrator may apply on behalf of an estate where there has been deputyship granted over someone’s affairs but now they are deceased.
Deputies must be registered with the Office of the Public Guardian (OPG) before acting under deputation so this should always be considered when making applications for deputyships from the Court of Protection.
Testimonials
What our clients say.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
Martyn
via ReviewSolicitors
Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
Michael
via ReviewSolicitors
I was clearly informed of progress step by step. The service you provided was very good.
Peter Weston
Shrewsbury
All work carried out effectively and efficiently.
Hubert Jones
via ReviewSolicitors
An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
Eric
via ReviewSolicitors
From start to finish we had excellent service. Friendly, approachable and professional.
Carl Gittins
via ReviewSolicitors
Very clear, concise advice and guidance, easy to understand.
Ian Jamieson
Telford
Good service provided throughout with clear communication throughout with all options explored.
Lee
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Heather
via ReviewSolicitors
Responsive, supportive, approachable, clear and empathetic.
Lisa Thacker
Professional and prompt communication. Supportive and client focused.
Lisa Thacker
Jennifer M Whittall Ltd
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Lee Mortimer
UK Case Management
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Mark Bowkett
via ReviewSolicitors
Smooth and efficient service from very professional firm.
Tim
via ReviewSolicitors
We were particularly impressed with the quality of work, the speed and excellent communication.
Allenby Douglas Ltd
Oswestry
Very friendly and approachable. Very good advice
Ivor Brown
via ReviewSolicitors
Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
Paul Rowe
via ReviewSolicitors
Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.
Mr N J & Dr S J Browne
Llanfyllin
Contact Lanyon Bowdler
For further advice on deputyship applications, give us a call on the number at the top of this page, or complete the online enquiry form. We can also arrange a home visit if more convenient. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.
We regularly assist clients with deputyship applications to the Court of Protection following Serious Brain Injury Claims. As a leading law firm, we can represent you wherever you live in England or Wales.
Our people
Meet the team.
Knowledge
Case studies.
Case Study
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Knowledge
Latest knowledge.
Podcast
The Roles of Professional Deputies and the Court of Protection: Matte Brasenell and Toni Reeves
Find out what a professional deputy does and how they support an individual who's lost capacity....
Podcast
The Defiant Brain Injured Teenager: Dawn Humphries, Lucy Speed and Andrew Worthington
Brain injuries can have a huge impact on an individual. In this episode, special guest Professor Andrew Worthington from...
Blog
Court of Protection Enquiries
Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Lanyon Bowdler in the Media
Inspirational Brain Injury Conference a Major Success
An event in Shrewsbury to celebrate inspirational people who battled back from life-changing brain injuries has been dec...
Case Study
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Podcast
Neil and Edward Rip Into & Expose the New Powers of Attorney Act
Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
Blog
Review of World Alzheimer’s Month 2023
IEach September, people unite from all corners of the world to raise awareness and to challenge the stigma that per...
Blog
What If Father Christmas Lost Capacity To M...
It’s that time of year where festivities are in full flow both at home and work. People are busy preparing for gath...
Blog
Navigating the Court of Protection: Selling...
As the population continues to age, the issue of financing long-term care for seniors has become an increasingly pr...
Blog
Explaining Legal Jargon in Court of Protect...
We understand that legal jargon can be a bit confusing and overwhelming and sometimes you need someone to explain w...
Accreditations
Our awards and accolades.
Contact us
Get in touch.
"*" indicates required fields