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Court of Protection Solicitors: Your Partners in Times of Need

Our compassionate team understands how challenging life can be when unforeseen illness or injury occur. No one wants to think about losing the ability to make decisions about finances or personal welfare, but that's where our Court of Protection Solicitors step in to assist and ease the burden.

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Applying For Lay Deputyship

We'll guide you through the process of preparing and submitting your application to the Court of Protection. Once approved, you'll be granted a Court Order allowing you to act as a deputy. Alternatively, a Professional deputy can be appointed if required.

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Professional Deputy Services

If you're appointed as a deputy for property and financial affairs, the responsibilities can be time-consuming. In particularly complex cases, or those involving significant assets, the Court may prefer for a professional Deputy to be appointed. The Court requires detailed records and accounts of financial transactions, but our dedicated team of experts is here to help.





Understanding The Court Of Protection Process

Navigating the Court of Protection process can seem daunting, but with our support, you're in capable hands. Here's what you can expect:

1. Application Submission

We'll assist you in preparing and submitting your application to the Court of Protection.

2. Providing Notice 

The Court will require you to tell (“serve”) the person who is to be subject to the Deputyship order and complete a number of forms to confirm this has been done.  Similarly, we must notify at least 3 family members of the application to ensure that there is no dispute. Our experts will guide you through all of the necessary steps.

3. Court Review

The Court will review your application to ensure compliance with legal requirements. We'll liaise with the Court to facilitate a smooth approval process.

4. Deputy Bond

The Court may request a financial security bond be provided. This is a form of insurance to protect the person whose finances you are controlling.  The amount you pay varies, depending on the value of their assets.

5. Deputyship Appointment

Upon approval, the Court issues a Deputyship Order, granting you (or a Professional Deputy) the authority to act on behalf of the individual lacking capacity. The order will set out the scope of the Deputyship and we can provide additional advice to help you fulfil your duties as a Deputy.





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Frequently Asked Questions

What is the Court of Protection and what does it do?

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

Who needs a deputy?

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.

What does a deputy do?

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.

Who can be a Deputy?

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.

What is the difference between a Property and Financial Affairs Deputy and a Personal Welfare Deputy?

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.

What is a Security Bond?

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.

How are Deputies supervised?

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.

What powers does a Deputy have?

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).

What about Professional Deputyship?

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.

Why choose BBH Legal Services Limited for Court of Protection matters?

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




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BBH (Legal Services) Limited is a limited company wholly owned by Thompsons Solicitors LLP. BBH (Legal Services) Limited is registered in England and Wales under number 04092584 whose registered office is BBH Legal Services Ltd, The Hythe, Tower Road, Birkenhead, CH41 1AA and is authorised and regulated by the Solicitors Regulation Authority (No. 561550) VAT registration number: 787 2286 83

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