Court of Protection

Lay Deputyship Advice

If your loved one is unable to make decisions about their finances or health and welfare due to an injury, disability, or illness they may benefit from having a Deputy appointed to assist with decision making.

For example, a deputyship may be necessary in the following circumstances:

  • Funds need to be accessed to pay care home fees
  • A series of medical decisions need to be made due to an ongoing health condition
  • A property needs to be sold to release funds to meet ongoing expenses

For a Deputy to be appointed an application needs to be made to the Court of Protection to explain why a Deputy is required and to confirm the suitability of the person or persons who are applying to be appointed as Deputy. Medical evidence would also need to be provided to the Court to confirm that the person lacks capacity to make decisions about their finances and/or health and welfare.

Once appointed the Deputy has a duty to act in the best interests of the person who they are making decisions on behalf of, and they must adhere to the principles of the Mental Capacity Act 2005.

We can support you through the application process and provide advice and assistance with fulfilling the duties of a Deputy once you are appointed.

For more information or advice from our specialist team please contact us: