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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

The service provided was excellent. My family have used your services on three occasions. In every case we have been totally satisfied.
David. B, West Yorkshire
Emily made the whole process hassle free. Everything was clearly explained in a friendly yet professional way
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My wife and I instructed Momika Wolsing of Winstons Solicitors to draw up new Wills.I am please that we did so and am happy to provide a review in this context As a former lawyer myself, I have a critical eye.We found her efficient, knowledgeable. helpful and pleasant. She has an eye for detail and knows her business.She drew up the Wills in good time.Her fees were reasonable Her support staff are also pleasant and efficient.Altogether, from first to last, we received a 5 star service and I was happy to instruct Winstons as co-executors of the Wills.
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I found Winstons to be a highly professional, efficient and compassionate firm of solicitors. The original estimate of fees for dealing with a complex probate matter including the sale of a property and dealing with inheritance tax proved to be very close to the final amount charged. At all stages throughout the process I was kept well informed of progress and was consulted whenever necessary. All correspondence was polite and pertinent, and my wishes were acted upon promptly. I would have no hesitation in recommending Winstons to others and would readily use their services myself in the future should the need arise.
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Recently I have used the services of Winston Solicitors to deal with my wife's estate and to update my will. In both cases everything was explained in straightforward language and so was easy to understand. Things were dealt with promptly and I was always kept informed of progress. The friendly approach of members of the team made a difficult situation much easier to deal with. My family will certainly seek the services of Winstons when required in the future.
David
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