Deputyship Services Deputyship and the Court of Protection

Deputies are appointed by the Court of Protection (COP) to manage the property and financial affairs or health and welfare of someone who lacks capacity to make decisions for themselves.

If you have not appointed an attorney in an LPA and you do not have the mental capacity to make an LPA the Court of Protection may appoint a deputy to act on your behalf.

If the person you care for has not appointed and is not able to appoint an attorney and they need decisions to made on their behalf which cannot be taken without bringing the matter to court, then you will need to apply to the Court of Protection and they can issue a deputy order, a document which details your powers as a deputy.

If you have been appointed as a deputy for property and financial affairs, your powers may include receiving state benefits, occupational/ retirement pensions or interest, dividends and capital from banks and other investment or financial organisations holding funds on behalf of the person lacking capacity and to spend this money in their best interests.

If you have been appointed as a deputy for health and welfare, the deputy order may authorise you to make decisions concerning their medical treatment or the care that the person receives.

It is always better to prepare an LPA in advance if possible as the appointment of a deputy is for some a complicated procedure faced at a distressing time that may result in significant fees and a long delay before the deputy order is issued. Steele Rose fees for the preparation and submission of documents are normally £950 + VAT* (this does not include COP fees and doctor's medical evidence fees but does include home visit(s) from a Consultant).

*This fee includes £150 + VAT for a home visit service.

ultra posse nemo obligatur