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.

To discuss making a deputyship application, call us on 0113 320 5000

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.

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.

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

Emily Spencer from Winston Solicitors handled the setup of our Will efficiently and professionally from start to finish. She explained everything clearly, answered all our questions, and made what could have been a daunting process feel straightforward and stress-free. My wife and I both felt well looked after and confident that everything was done properly. We would happily recommend Emily and Winston Solicitots to anyone needing this kind of service. Thank you, Emily!

Anonymous

We updated our wills. Emily explained everything in detail and answered all our questions. In doing this she was very patient and professional.

Harry

Professional and approachable staff. Emily was very thorough and guided us through the process in an understanding way, explaining things well so we were able to make informed decisions.

Adele

Hi . Great service from you guys all the way from the beginning to the end I will happily use this firm again and again in the future, great communication throughout the process of writing myself and family’s will , thanks you

Belal

Emily Spencer at Winstons has been enormously helpful in getting us to do our wills. She has provided expert and very professional help.

Paula

We were very impressed with the service.

Frederick

We had our wills updated recently, as well as seeking advice on inheritance tax. Emily Spencer was fantastic, responsive to our needs, and initiated giving good advice and feedback where required. We were not the easiest of clients to track down due to our busy work lives and she patiently nudged us along to get the wills completed. Very pleased with the service we have received from Winstons over the years.

Jacqui

I recently used Winston Solicitors to write my Willl and was supported by Emily Spencer throughout the process.From the outset, Emily was extremely helpful. Our initial meeting gave me a clear understanding of what information I needed to provide and what the Will would deliver. She explained everything in a straightforward and reassuring way, which made the process easy to follow.Overall, Emily made what could have been a complex task feel simple and effortless. I would highly recommend Winston Solicitors to anyone looking to put a Will in place.

Nigel