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Looking to apply for a deputyship? Our solicitors can help.
Supporting a family member who can’t manage their own affairs requires careful legal navigation. Our solicitors guide you through deputyship applications with compassion and precision, helping you secure the legal authority to make decisions on behalf of your loved one.
FAQs
A deputyship grants you legal authority to make decisions on someone else’s behalf, due to them lacking the ‘mental capacity’ to do so. Issues that can affect someone’s ‘mental capacity’ include having dementia, a stroke, or a severe learning disability.
There are two types of deputyship:
Managing both forms of deputyship for a person is possible. However, this will count as two separate applications.
For more information on deputyships, please call our solicitors on 020 3007 5500.
A lasting power of attorney (LPA) fills the same role as a deputy. However, the person chooses an LPA before they lose their mental capacity, thus allowing them to choose exactly who will care for them.
To legally appoint an LPA, the person must have mental capacity when choosing them.
An LPA is a more straightforward process, as it is cheaper and less time-consuming. However, this requires the person to think proactively about their future mental capacity.
A deputyship application requires the completion of various relevant forms. These can differ depending on what type of deputyships you are applying for. A full list of forms for a deputyship application can be found on the government website.
The Court of Protection will assess your application, analysing your ability to manage the person’s financial or personal care. They will investigate your background to see if you are fit to be deputy.
You will then need to serve the application to the person and 3 other people you have named as having an interest. These are usually friends or relatives. After this, you will need to send more forms to the court.
Once this has been done, the Court of Protection will assess your application and the judgement of the people involved. They will then approve or deny your role as deputy based on the information they have.
On average, a deputyship application can take anywhere between 3 to 12 months. However, delays to the application can occur if another party contests or if the court requires more information to decide.
Applying for a deputyship can be a lengthy and complicated process. If you need legal help from a solicitor, please call us on 0203 007 5500.
If the court denies your deputyship application, they may appoint a professional deputy to care for the person instead. In this case, you can work alongside the deputy to ensure that they meet the person’s needs and best interests.
If you wish to relinquish your deputyship, you can suggest other family members or friends that may be suitable for the role. For a property and affairs deputyship, a financial professional – such as a solicitor – may take on the role.
An application for deputyship is more costly than that of an LPA, as the Court of Protection must assess your ability to act as a deputy.
At Britton and Time, solicitor fees for making an application for deputyship start from £3,000 + VAT. On top of this, there are disbursement costs for making deputyship applications to the Court of Protection. These include:
If you need help with a deputyship application, please call our solicitors on 020 3007 5500.
We are currently unable to offer legal aid in any capacity for any matters. We can only accept deputyship matters that are privately funded.
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
No fee surprises. Ever. Our solicitors in London and Brighton will inform you from the outset how much your case will cost and we will do everything in our power to keep costs down and within your original fee estimate.
You are our priority and law is our speciality. Our award-winning solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
With fortnightly updates on your case, you’ll never be left in the dark. Our solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
What we do
Our untimed initial consultations provide you with as long as you need to speak to a specialist solicitor about your matter.