Court of Protection Deputyship services

Expert support for you at the level you need

Getting the right level of support for you, your family and the vulnerable person needing help to manage their financial affairs is vital.

It can be a tough, trying and emotional time but we can help support you to understand the choices and the impact of them for everyone.

Our Court of Protection solicitors can help with:

Navigating the Court of Protection Deputy application process.
Supporting Deputies to fulfil their duties – including submitting forms to the Court and completing tax returns.
Acting as a Professional Court of Protection Deputy when there is no one else available or suitable. Advising to Court of Protection Deputies on complex matters such as financial planning, inheritance tax and managing overseas assets.

Becoming a Court of Protection Deputy

You, another family member or friend can be authorised by the Court to become a Court of Protection Deputy. There are a number of forms that you must complete and return to the Court. The process of applying to be a Deputy can often be time consuming and confusing, but we can support you through the application process or make the application on your behalf.

During the application process, there are several people you must formally notify about your application – including the person you are applying to make decisions for and other interested parties, like friends or relatives. If your application is successful, the Court will grant you a court order, which outlines your powers and responsibilities.

Appointing us to act as a Professional Court of Protection Deputy

A professional Deputy (also called a Panel Deputy) is someone pre-approved by the Court of Protection. If no-one is willing or able to act as the Deputy, you could appoint us to act as a professional Deputy.

Anthony Fairweather and Anne Minihane senior partners at Clarke Willmott, are two of only 75 Court of Protection panel Deputies in the country. Both have a wealth of experience in Court of Protection matters both in the UK and internationally.

Support for Deputies or Attorneys

Our Court of Protection team has specialist knowledge in all the areas Deputies or Attorneys often need support in. We can also provide support with:

Administration – completing Court of Protection forms, tax returns or returns to the Office of the Public Guardian.
Advice on financial planning, investments and inheritance tax.
Managing disputes with families or carers about a vulnerable person’s finances, and best interests.
Applying to the Court of Protection to make a Statutory Will (a Will made on behalf of an individual who lacks capacity to make one themselves).

International Court of Protection issues

When a person lacking mental capacity lives or owns assets overseas, this can complicate proceedings. Our specialist solicitors have particular expertise in dealing with international court of protection challenges like getting financial institutions in other countries to recognise a Lasting Power of Attorney or Deputy order.

We have experience in helping clients obtain suitable authorities to deal with banks, pension providers and other financial and legal institutions around the world, including New Zealand, the USA, France, Eire, India and Spain.

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.

Contact 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, get in touch online or contact our Court of Protection specialists; Anthony Fairweather and Anne Minihane to arrange a free, confidential consultation.

Request a consultation

Common Court of Protection Deputy questions answered

Why might I need a professional Deputy?

You might need a professional Deputy if there is no one suitable, willing or able to act as a Deputy, or it’s hard to agree on who should take on the role. Even if someone is willing to try, they might feel overwhelmed by the responsibility and their lack of legal knowledge.

A professional Deputy is an impartial party who acts in the best interests of the person they are appointed for, to help:

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

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 a Statutory Will is made if necessary
Applying for benefits or other funding
Employing carers and paying their fees
Selling 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 would the Court of Protection decide to appoint a panel Deputy?

In some situations the Court of Protection will decide that an experienced panel Deputy should be appointed. For example:

If it is not in the best interests of the person lacking capacity for one of their relations to act as their Deputy due to ongoing family tensions or historic physical, emotional or financial abuse, or undue influence over the person
If there is a potential or actual conflict of interest
If the proposed family Deputy has not managed their own financial affairs satisfactorily
If there are substantial assets involved. For example, the vulnerable person is expected to receive a large compensation payout or has already received one.

What happens if a Court of Protection Deputy isn’t doing a good job?

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 to appoint a replacement Deputy, if necessary.

Thanks to our long and extensive experience in complex cases, our Court of Protection team is often asked to act as a professional Deputy for people lacking mental capacity where the family, Court or other interested party has 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.