Court of Protection deputyship services

On this page we answer common questions about appointing a professional Court of Protection deputy.

If you would like to discuss appointing a Clarke Willmott partner as a professional deputy for your family member or friend, contact us for a free, confidential first consultation. Contact our Court of Protection specialists; Anthony Fairweather and Anne Minihane or contact us online.

What is a professional Court of Protection deputy?

A professional Court of Protection deputy is a solicitor who has been instructed to manage the affairs of someone who lacks the mental capacity to make some or all decisions themselves in relation to their property and affairs or their health and welfare. This deputy can be chosen by either the Court of Protection (when they are called a “panel deputy”), or by the family of the person who needs a deputy.

When to appoint a professional deputy

Sometimes there is no one suitable, willing or able to act as a deputy for the person. Even if a family member is willing to try, they might feel overwhelmed by the responsibility and their lack of legal knowledge.

Family may disagree about who should take on the role of deputy. If so, a professional deputy can be an impartial substitute, always acting in the best interests of the person they are appointed for.

There are many advantages to appointing a professional deputy for your relative or friend. A professional deputy can:

• help you to avoid or settle any conflicts of interest
• find and co-ordinate other experienced professionals with the expertise to help the person lacking capacity
• take over administrative and legal responsibilities for you.

International Court of Protection issues

When a person lacking mental capacity lives or owns assets overseas, this can complicate proceedings. Our specialist International Court of Protection solicitors can act on your behalf.

Our team is experienced in applying to the Court of Protection in cases involving foreign jurisdictions and can obtain authority to act as a deputy overseas or appoint a local guardian to do so. We can also advise on obtaining authority for a deputy (or similar) appointed in another jurisdiction to deal with assets in England and Wales.

Why the Court may decide to appoint a panel deputy

There are some situations where the Court of Protection will decide that an experienced panel deputy should be appointed. These include cases where:

• It is not in the best interests of the person lacking capacity for one of their relations to act as their deputy – for example, if there are ongoing family tensions or historic physical, emotional or financial abuse, or undue influence over the person
• There may be a potential or actual conflict of interest
• The proposed family deputy has not managed their own financial affairs satisfactorily
• There are substantial assets involved; for example, if the person is expected to get a large award of damages or has already had one.

Concerns about your current Court of Protection deputy?

A deputy’s role is pivotal in the affairs of the person who lacks capacity. If you’re uncomfortable with how the current deputyship is running, the court has the power appoint a replacement deputy if necessary.

Clarke Willmott’s dedicated Court of Protection team is often asked to act as a professional deputy for incapable people lacking mental capacity where the family, court or other interested party have not been satisfied by the performance of the current deputy.

So if you have any concerns, please don’t hesitate to get in touch for a confidential discussion. We will listen to your worries, advise you on the best course of action and ensure a replacement deputy is appointed as quickly as possible.

What are a professional deputy’s duties?

A professional deputy’s duties include:

• Completing tax returns and annual deputyship reports for submission to the Office of the Public Guardian
• Ensuring their incapable client has a Statutory Will if necessary
• Applying for benefits or other funding
• Employing carers and paying their fees
• Selling the incapable client’s property (if this is in their best interests) if they need to go into a care home
• Managing their long-term investments
• Buying or adapting a suitable home
• Buying any suitable vehicles and ensuring they are insured, taxed and maintained
• Managing insurance policies and other administration

Why choose our professional deputy services?

• We are specialists in the Court of Protection – our senior partners Anthony Fairweather and Anne Minihane are regularly appointed as deputies for children and adults who are unable to manage their property and financial affairs. They are also both panel deputies.
• We get to know you and your family – we understand that you may still want to play an active role in the incapable person’s life, so we’ll work closely with you and will always listen to your views.
• We act fast – when you get in touch we’ll get back to you promptly and we’ll make most payments within 24 hours.
• We always keep you in the loop – we will always keep you informed and up to date as long as it’s in the best interests of the person we are appointed for. We will agree how much you want to be involved in decisions.
• We keep costs down for you – we take pride in working fast and effectively and finding ways to keep outgoings to a minimum without compromising our service and our care of the person we are acting for.
• We are experienced – we have many years of experience acting as professional and panel deputies and have met most situations before and resolved them successfully
• We go further – our Court of Protection team has helped clients around the world including in New Zealand, the USA, France, Eire, India and Spain.

Appoint a professional Court of Protection deputy

If you would like to discuss appointing a Clarke Willmott partner as a professional deputy for your family member or friend, we’ll be delighted to set up a free, confidential first consultation. Contact our Court of Protection specialists; Anthony Fairweather and Anne Minihane or contact us online.