Court of protection and deputyships

What is the court of protection?

The court of protection judges whether people have the mental capacity to make decisions about their own welfare. If it says they don’t, and no enduring or lasting power of attorney is in place, it can appoint a deputy to make decisions on a person’s behalf.

If you need to make legal decisions for a relative, or somebody close to you, the court of protection can empower you to do so as their deputy. Deputies can be appointed in a wide range of situations, including:

• if an elderly relative or parent needs help managing their finances
• if a vulnerable person needs help managing their affairs
• if decisions need to be made about a person's health and welfare

How do I become a deputy?

To become someone's deputy, you need to make an application to the court of protection. The court will look at the evidence when deciding what a deputy can or can’t do. So, your application must put forward a clear and detailed case. At best this can be a long and complicated process, especially when you're not familiar with the system.

That's where we can help. Our specialist team of solicitors know the court of protection inside out. Our expertise is supported by years of practical experience, and we can help you get the best possible result.         

How we can help you

The sheer amount of information that goes into an application means that even the slightest mistake can have far-reaching consequences, so it pays to get professional help. We can take care of your application from start to finish. We'll ensure that every detail is taken care of, and complies with the court's regulations.

What does an application look like?

A typical application has several parts, such as:

• The application form itself, setting out details about the person involved, the proposed deputy (normally a spouse, civil partner or close relative) and so on     
• An information form that gives all the relevant information about the person's finances, income or personal injury damages, plus outgoings or care fees
• A medical form completed by the GP or consultant
• A declaration signed by the proposed deputy

We’ll do the hard work for you

We’ll let you know what your options are, we’ll prepare all the documents for you, then we’ll make the application and keep you up-to-date as your case progresses. The court of protection will make its decision based solely on this application, but you can be confident that we’ll have every angle covered. This way we take the pressure off you during what can be a difficult time.

Ongoing support when you really need it

Our job doesn’t stop there. We’ll give you ongoing advice about your role as a deputy, further help with any subsequent paperwork and applications, and every bit of support you need. Our solicitors have plenty of experience of a deputy’s work – many have themselves been appointed professional deputies, acting for vulnerable people and managing the finances of people in care – so we really do know how the system works and we understand what it means to be responsible for people who can’t make their own decisions.

You can Trust in Tees

At Tees, you'll find a team of friendly, sympathetic solicitors who'll always have your best interests at heart. We understand that this is likely to be a difficult time, and our priority is to take the pressure off you. We'll handle every aspect of your application with the utmost care, to achieve the best possible outcome.

A tailored approach

At Tees, we provide an honest, comprehensive and sensitive service that's built around your very individual circumstances.

Call our Wills and Probate solicitors on 0800 013 1165

For an initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch.

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