Court of Protection Solicitors 

The Court of Protection makes decisions on behalf of individuals who lack mental capacity to make their own decisions, safeguarding their interests.

Sadly, unforeseen circumstances happen and we aren’t always prepared for them. Individuals may lose capacity to manager their own affairs either through illness (such as dementia) or injury. Lasting Powers of Attorney (LPA) and Deputyship Orders both give people the legal authority to act and make decisions on behalf of someone who has lost capacity. The key difference is timing; an LPA must be prepared prior to an individual losing capacity. If not, the only option left is usually a Deputyship.

A deputy is appointed by the Court to make decisions on behalf of someone lacking capacity, either for property and financial affairs or personal welfare. All decisions must be made in that person’s best interests in accordance with the Court order and with guidance provided under the Mental Capacity Act.

A Deputy must be at least 18 years old and can be a friend or family member. They must complete a Deputy declaration confirming that they are an appropriate person to act on behalf of somebody else, which may include details of the proposed Deputy’s personal finances and any convictions. In some cases, particularly where a matter is more complex or there are significant assets involved, the Court may prefer a Professional Deputy be appointed. See below for how we can help with this.

A Property and Financial Affairs Deputy handles financial matters, while a Personal Welfare Deputy makes decisions regarding medical treatment and overall wellbeing. It is worth noting that Personal Welfare Deputyships are rarely granted and only in the most challenging cases. The Court is much more likely to make one off decisions that relate to an individual’s health or welfare.

The court may require that a Deputy arrange a security bond with an approved insurer. The Court will usually send details of the appropriate provider after an application has been considered and before the order is granted. The Bond acts as an insurance in the unlikely event that a Deputy where to misappropriate funds. Premiums are paid from the funds of the person to whom the Deputy Order relates.

Deputy’s report to the Office of the Public Guardian (OPG). They must send an annual report detailing what decisions have been made and accounting for any funds spent. The OPG may on occasion visit a Deputy or the individual under the Deputyship order.

The Court order will set out the scope of the Deputyship but powers usually include dealing with any income (including benefits), arranging payment of bills and debts, tax returns, dealing with cash assets, capital expenditure and investments. A further application to the Court pay be required for other matters such as large gifts, property purchase or sale and Statutory Wills (required if an individual lacks the testamentary capacity to make a Will).

At BBH we are specialist in brain injury and offer Professional Deputyship Services to people all around the country. We work with individuals and their families, Litigation Solicitors, Case Managers and Care teams. Get in touch to find out how we can support you, if you or somebody you know is in need of a Professional Deputy.

We offer experience, a client-first approach, and professional efficiency. We prioritise transparent communication, ensuring you're informed every step of the way.