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Deputyships - Appointing a Deputy Solicitor

Appointing a Deputy Solicitor

Appointment of a Deputy Solicitor by the Court of Protection

If a person has not made a Lasting Power of Attorney or an Enduring Power of Attorney before 1 October 2007 and that person becomes mentally incapable of managing their financial affairs, something may have to be done to appoint a deputy solicitor. 

Deputyship and Attorneys

The Court of Protection deals with legal matters for vulnerable people and people who don’t have mental capacity. They can appoint someone to act in a person’s best interests as their deputy.

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Although there are similarities between attorneys and deputies, the deputyship application process is longer and more costly than applying for a Lasting Power of Attorney. In addition, the deputy must comply with extensive reporting obligations to the Office of the Public Guardian on an ongoing basis.

A person can become someone’s deputy for property and financial affairs, or health and welfare, although the latter is rarer.

You can read more about deputyships here.

Next steps

To talk to one of our team about applying for a deputyship order please email wills&probate@winstonsolicitors.co.uk or call us on 0113 320 5000.

NB: timescales and fees are subject to change – please ask for details.

A Lasting Power of Attorney (LPA) is a legal document which allows a person (the donor) to appoint someone or more than one person they trust (attorneys) to make decisions for them when they no longer have the mental capacity to make the decisions themselves. An LPA has to be made while the donor still has the mental capacity to give their consent to it.

No. Your family will have no access to your bank accounts and cannot sell your property unless they make an application to the Court of Protection for a deputyship order, which is a costly and lengthy process.

Client feedback

My family and I had a great experience with Winston’s. The staff are friendly, efficient, and answer emails in a timely fashion. Monika who dealt with our case was approachable and explained things in a way that was easy for the lay person to understand. She also kept us updated regularly, which was appreciated.
Catherine
Kind, courteous service - excellent and clear communication at all stages of the process - would recommend.
Paul
I had a very good experience. Thank you 🤩
Ines
Would highly recommend Winston and particularly Monika, if you’re looking for a professional and welcoming solicitor. I have used them for the last 10 years in business and personal life. Efficient and thorough with convenient parking, plus everyone you meet is happy to help.
Helen
We used Winston's to arrange our Power of Attorney and our solicitor, Emily Spencer, was very professional and efficient, and a pleasure to work with.
John
I do not think that the service we received could be improved. We were treated like friends rather than clients - December 2025
David B, Leeds
I cannot thank Winston Solicitors enough for helping me write my Will. Thank you very much Monika.
Anonymous
The whole process of sorting out my wife's estate and a lasting power of atorney was made a relatively easy to understand process because the team we dealt with spoke to us in an easy to understand language. They also acted quickly at every stage as well as always keeping us updated if there were any delays.
David
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