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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

Thorough, friendly but expensive
Ruth
We used Winstons to sort out our late fathers life interest trust. Emily was brilliant...very efficient, organised and knowledgeable.It was a complicated issue to us but Emily dealt with it quickly and efficiently...taking away the stress for us.
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Emily Spencer was totally professional and answered all of our questions regarding drawing up Wills and our LPA. We have dealt with Winstons on two occasions now and will always go back to them.
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My family and I have used Winstons for legal matters of all kinds, from Wills writing to property purchase and sales and advice on other personal issues. The service we have received has always been reliable, courteous and reflected our needs. We would have no hesitation in recommending Winston Solicitors to all potential users.
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Highly professional and efficient service.They explained everything in plain English and made a complex process completely stress-free. I highly recommend them for PI Trust matters.
Anonymous
I have used Winston Solicitors to sort out my Will and to put Lasting Powers of Attorney in place. The people I have dealt with at Winston Solicitors have been both efficient and empathetic. I am entirely satisfied with the service I have received.
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Very effective and straightforward to deal with, Winston Solicitors handled the sale of our house and our Wills. Our solicitor made some valuable observations during the process of writing Wills, advice we heeded. I'll certainly use them again for other legal issues, like LPAs.Andy (not Jane)
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