Fixed Fee Court of Protection Deputyship Applications

We are here to help

When a family member or friend loses mental capacity it can be a stressful and difficult time. 

In order to take control of your loved one or family member’s affairs you need to apply for a Deputyship. We have helped hundreds of families and can guide you through this complex process. 

We’re on hand to help 9am-7pm Monday – Friday, and 10am-2pm on Saturday and will give you a dedicated case manager. We do not charge upfront fees so you will not be faced with bills you cannot pay. Our costs are billed at the end of the application process and the Court allows payment to be made out of the funds of the incapacitated person as the Order is made on their behalf.

FREQUENTLY ASKED QUESTIONS

Court of Protection Deputyship – who needs one?

When a friend or loved one has lost their ability to manage their own financial affairs (often referred to as the loss of mental capacity), the Court of Protection steps in to appoint someone to do this on their behalf. This person is known as a Deputy and is given the authority to manage the day to day financial affairs of the person who has lost the mental capacity.

It is important to remember that someone may be able to make decisions about everyday issues like what to eat or what to watch on television, but can lack the mental capacity to make decisions on more complex issues, like financial management.

Appointee - 
If the incapacitated person does not have savings/property in excess of £5,000 and their only income is pension/state benefits, then a Deputyship Order will not be proportionate to their needs. 

In this case, it would be more appropriate to contact the Department for Work and Pensions (DWP) to become an appointee for the incapacitated person. 

Applying to become an Appointee means you are applying for the right to deal with the benefits of someone who can’t manage their own affairs because they are mentally incapable or severely disabled.

For more information please refer to: https://www.gov.uk/become-appointee-for-someone-claiming-benefits

Who can apply to be a deputy?

Anyone over the age of 18 can apply to act as a Deputy. Usually a friend or relative will be the most suitable person to apply, but it is the Court of Protection who has the final say in who can act.

In some cases it may not be suitable for a friend or relative to act and the Court will appoint an approved Deputy (“a Panel Deputy”) to act. 

You may choose to appoint a solicitor to step in as Deputy and act in their professional capacity. Premier Solicitors not only has a dedicated and experienced Court of Protection Team, but is also home to one of only 59 Court approved Panel Deputies as well as solicitors who act as Professional Deputies.

The role of a Deputy

A Deputy is responsible for taking on the responsibilities of another person and it is important that a Deputy considers this carefully before making an application.

At Premier Solicitors we always recommend that at least two persons should apply to become Deputy to help ease the burden of responsibility. 

A Deputy must comply with the Court Order and should always act in the best interests of the incapacitated person. 

The Deputy is responsible for the finances and bills of the person they are acting for.

The Deputy may have to submit an annual account to the Office of the Public Guardian.

Types of Deputyship

There are 2 types of Deputyship Orders that the Court of Protection can make:

Property and Financial Affairs – these are the most common of Deputyship Order and allow a Deputy to manage a person’s finances.

Health and Welfare – The Court of Protection will only grant this Order in certain situations.

Statutory Wills

A Deputy may apply to the Court of Protection to make a will on behalf of the incapacitated person. This is known as a Statutory Will.

Who are the Office of the Public Guardian?

The OPG are the supervising body for Deputies, providing support to Deputies and safeguarding vulnerable adults.

Our Dedicated Team!

Premier Solicitors has a dedicated Court of Protection team headed by Mr Sunil Kambli who is a Court approved Panel Deputy.

Our team has over 10 years’ experience in dealing with Court of Protection matters.

We will take the stress out of the deputyship application process and work with you throughout.

Our Fees

A Deputyship application starts from £850 + VAT in line with the Court of Protection solicitors’ fixed costs.

We are upfront with you about the cost of the service and will not undertake any work without your consent. 
There are some disbursements, primarily a £400 court fee, but these will be clearly set out for you prior to the start of the application process. 

We will not charge any upfront fees! Our costs will be billed at the end of the application process and the Court allows payment to be made out of the funds of the incapacitated person as the Order is made on their behalf.