A deputyship is a legal arrangement in the UK that allows a designated person, known as a deputy, to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves. This could be due to an illness, injury, or disability. Deputyships are appointed by the Court of Protection when an individual has not made a Lasting Power of Attorney (LPA) and is no longer able to manage their own affairs.
There are two main types of deputyships:
- Property and Financial Affairs Deputyship: This allows the deputy to manage the financial matters of the person who lacks capacity, including paying bills, managing bank accounts, and handling property transactions.
- Personal Welfare Deputyship: This type of deputyship is less common and allows the deputy to make decisions about the individual’s health and welfare, including medical treatment and living arrangements. The Court of Protection only grants this type of deputyship in exceptional cases.
When is a Deputyship Needed?
A deputyship is needed when an individual has lost the ability to make decisions for themselves and did not put an LPA in place beforehand. In such cases, family members, friends, or even professional advisers can apply to the Court of Protection to be appointed as a deputy. Without a deputyship, no one has the legal authority to manage the person’s affairs, which can lead to significant difficulties in ensuring their care and financial wellbeing.
Services
- Interpreting a Will
- Advising executors/trustees
- Applying for Probate
- Dealing with intestacy
- Selling or transferring estate property
- Family mediation and negotiation
- Will contests
How Our Solicitors Can Assist You with Deputyships
At Cribbin & Co Solicitors we are committed to providing compassionate and expert support during what can be a challenging time. We aim to make the deputyship process as smooth as possible, giving you peace of mind that your loved one’s affairs are being properly managed.
Contact us today to learn more about how we can assist you with applying for a deputyship and managing your responsibilities as a deputy.
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How we can help
We begin with a comprehensive consultation to assess your situation and provide clear, expert advice on whether a deputyship is the best option. We will explain the responsibilities of a deputy and discuss what type of deputyship might be required.
Our solicitors will manage the entire deputyship application process, including preparing and submitting the necessary forms and supporting documentation to the Court of Protection. We will ensure that your application is thorough and accurately reflects the needs of the person who requires the deputyship.
Once the deputyship is granted, we provide ongoing support to help you fulfil your duties as a deputy. This includes advising you on your legal obligations, assisting with record-keeping, and helping with the submission of annual reports to the Office of the Public Guardian.
If there are disagreements about who should be appointed as a deputy or concerns about the actions of an existing deputy, our solicitors can provide mediation services and, if necessary, represent you in court to resolve any disputes.
In cases where no suitable family member or friend is available to act as a deputy, we can offer professional deputy services. Our experienced solicitors can be appointed as professional deputies, ensuring that the individual’s affairs are managed with the highest level of care and professionalism.
Over time, the needs and circumstances of the individual may change. We can assist in reviewing and adjusting the deputyship orders if required, ensuring they remain appropriate and effective.