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A Deputy is appointed by the Court of Protection to manage the property and affairs or the personal welfare of a person who lacks capacity to manage them themselves. The Court will have to issue an order appointing the Deputy which will set out the Deputy’s powers and allow them to act on behalf of the person lacking capacity. The Court of Protection is the court which specifically looks after individuals who lack capacity to make decisions for themselves.

What does a Deputy do?

A Deputy has several duties which can include:

  • Taking financial advice on the investment of client’s finances.
  • Purchasing a property and adapting it to meet the client’s needs.
  • Purchase of an adapted vehicle or equipment.
  • Claiming benefits due to the client and liaising with the Department of Work & Pensions.
  • Employing a case manager to oversee the client's care team and checking through carers’ contracts as well as putting employer’s liability insurance in place.
  • Arranging payment of various invoices as well as holidays for the client with their carer.
  • Preparing a statutory will (for those over the age of 18).
  • Completing annual accounts and submitting them to the Office of the Public Guardian.
  • Completion of tax returns.
  • Keeping client's property secure and in a reasonable state of repair as well as adequately insured.
  • Making sure client’s money is being used to give them the best possible quality of life.

Make an application for Deputyship

The application for Deputyship includes the completion of paperwork for the Court, including a statement of the client’s assets and income, a medical certificate regarding the capacity of the client and a deputy’s declaration. These will need to be fully completed and returned to the Court of Protection with the commencement fee. In certain circumstances, the fee can be waived if it can be shown that the fee would cause hardship. Even though the forms are lengthy, once the Deputy is set up and in place it will provide the best possible protection for the client.

Why choose Boyes Turner?

Acting as a Deputy is a responsible position with considerable paperwork. We get to know our clients well, visiting them at home and getting to know their families.

All decisions are always made in a client’s best interests, leaving the family free to concentrate on the care of their family member and not be burdened by paperwork.

We also understand the emotional and practical implications of acting for a person who lacks mental capacity and the impact this can have on families. By appointing us as a professional Deputy the family will have peace of mind in the knowledge that their family member is well-supported, and all financial paperwork is in order.

  • We are experienced and professional Deputyship, personal injury trust and statutory will specialists.
  • We act for clients all over the UK.
  • We have established relationships with care agencies, therapists, fund managers and accountants.
  • We are nationally acclaimed court of protection solicitors. Boyes Turner is recognised as a leading law firm by Chambers Directory and Legal 500.
  • We have an extensive, and highly experienced court of protection team with proven skills and experience
  • We provide the highest standards of advice and understand that each family has different needs, and we offer an individual and caring service.

Find out more about Boyes Turner.

Deputyship solicitors frequently asked questions

What is the Deputy’s involvement in completion of annual accounts?

Deputies are required to complete an annual account each year and submit it to the Office of the Public Guardian (OPG). This account details the financial transactions that have taken place over the last year and the OPG quite often asks for them to be supported by a copy of the Deputyship bank statements and may require copies of receipts.

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How is mental capacity assessed?

Mental capacity is assessed in accordance with the Mental Capacity Act 2005 and medical evidence is usually obtained, which the Court generally relies upon.

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If a Deputy is in place can the client still make some decisions?

The client may still be able to make some decisions for themselves even if a Deputyship is in place as the legal test for capacity is “issue specific”. Thus, as an example, a person may not be able to make decisions about a large compensation award but may be able to understand and manage a small amount of cash each week.

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What are the different types of Deputyship?

A Deputy can be appointed by the Court to act as a:

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Who can be a Deputy?

Any person over the age of 18 can be a Deputy. However, the Deputy will need to declare any criminal convictions or bankruptcy arrangements to the Court, which could lead to the application being rejected. A Deputy can be a spouse, partner or close relative.

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What is the process to appoint a Deputy?

A Deputy is appointed when an individual’s affairs need to be looked after because the individual is unable to make decisions for themselves.

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How long does it take to appoint a Deputy?

Once the application has been sent to the Court, it can take up to 5-6 months for the appointment to be made.

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How much does it cost to appoint a Deputy?

Boyes Turner arranges to have all of their professional Deputyship fees assessed by the Senior Court Costs Office and we charge in accordance with the rates set in our area. This is to ensure that they are fair and reasonable. Please click here to see the standard set rate. These are the rates set since 2010 which have not changed. Other fees to consider are as follows:

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How are Deputies supervised?

When a Deputyship order is made the Office of the Public Guardian (OPG) will become responsible for supervising all Deputies.

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Can a Deputyship be terminated?

A Deputyship order is terminated when the person lacking capacity dies or recovers capacity.

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What is the difference between an Appointeeship and a Deputyship?

An appointeeship is to a person who just receives state benefits on another’s behalf as that person does not have sufficient mental capacity to manage their own financial affairs.

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Meet your specialist team

Our specialist Deputyship solicitors team are considered leaders in the field and have a significant amount of expertise.
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Ruth Meyer

Partner

Alexander Wright headshot

Alexander Wright

Partner

Anne Pearson headshots

Anne Pearson

Senior Paralegal

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Sue Clark

Senior Associate – Solicitor

Lindsay Da Re

Lindsay Da Rè

Senior Associate - Solicitor

Alex Edwards

Alex Edwards

Associate - Solicitor

Jessica Jarvis Headshot

Jessica Jarvis

Associate - Solicitor

Sue headshot

Sue O'Connell-Davidson

Associate - Solicitor

Chloe Scarr - headshot

Chloe Scarr

Associate - Solicitor

Dani Pini headshot

Dani Pini

Solicitor

Katarina Ahmed

Katarina Ahmed

Paralegal

Daisy Fox headshot

Daisy Fox-Clarkin

Paralegal

Lauren Hall headshot

Lauren Hall

Paralegal

Maria Hobbs

Maria Hobbs

Paralegal

Kerry Pearce headshot

Kerry Pearce

Paralegal

Kate Phelan headshot

Kate Phelan

Paralegal

Nadine Silas-Richards

Nadine Silas-Richards

Paralegal

Victoria Stewart

Victoria Stewart

Paralegal

Niki Tarrant headshot

Niki Tarrant

Senior Paralegal

Emma Wheeldon headshots

Emma Wheeldon

Senior Paralegal

James Pantling-Skeet headshot

James Pantling-Skeet

Senior Associate – Chartered Legal Executive

Ruth Meyer photo
Alexander Wright headshot
Anne Pearson headshots
Sue Clark photo
Lindsay Da Re
Alex Edwards
Jessica Jarvis Headshot
Sue headshot
Chloe Scarr - headshot
Dani Pini headshot
Katarina Ahmed
Daisy Fox headshot
Lauren Hall headshot
Maria Hobbs
Kerry Pearce headshot
Kate Phelan headshot
Nadine Silas-Richards
Victoria Stewart
Niki Tarrant headshot
Emma Wheeldon headshots
James Pantling-Skeet headshot

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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.

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