While we all hope that conditions such as dementia or a traumatic brain injury will never affect us or our loved ones, the reality is that as we live longer, the likelihood of someone losing the ability to manage their affairs increases.

If a loved one loses mental capacity and hasn’t set up a Lasting Power of Attorney, our Court of Protection Solicitors are here to help you apply for Deputyship.

Common Questions About Lasting Powers of Attorney

What is the Court of Protection?

The Court of Protection is a specialist court dedicated to protecting individuals who lack the mental capacity to manage their own affairs.

The Court of Protection requires evidence that a person has lost mental capacity, usually provided through an assessment by their GP or consultant. Additionally, the court must be confident that the applicant can be trusted to act in the best interests of the individual.

What is a Deputyship?

A Deputyship is when the Court of Protection appoints someone, known as a Deputy, to manage the property and financial affairs of an individual who can no longer make such decisions for themselves.

Typically, a Deputy is a family member or close friend, but it can also be a professional, such as a Solicitor.

Each application for Deputyship is reviewed by a specialist judge in the Court of Protection, who will issue an Order outlining the Deputy’s powers, such as managing finances or selling property. Once granted, a Deputyship is legally binding.

What is the process for appointing a Deputy?

To be appointed as a Deputy, you must:

• Be over 18 years old.
• If applying to be a property and financial Deputy, demonstrate to the Court of Protection that you have the necessary skills to manage someone’s financial affairs.

The process of appointing a Deputy usually takes around six to seven months.

Why Choose Us?

Becoming a Deputy can seem daunting due to the responsibilities involved. Our Court of Protection Solicitors offer sensitive support and guidance through the application process. We can also assist with:

• Submitting annual reports to the Office of the Public Guardian.
• Selling property and assets, including the incapacitated person’s home, to pay for care.

Cocks Lloyd Solicitors provides exceptional Deputyship and Court of Protection and Wills, Estate & Trusts services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Deputyship and Court of Protection and Wills, Estate & Trusts, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.