Deputyships - Appointing a Deputy Solicitor

Appointing a Deputy Solicitor

Appointment of a Deputy Solicitor by the Court of Protection

If a person has not made a Lasting Power of Attorney or an Enduring Power of Attorney before 1 October 2007 and that person becomes mentally incapable of managing their financial affairs, something may have to be done to appoint a deputy solicitor.

To discuss making a deputyship application, call us on 0113 320 5000

Deputyship and Attorneys

The Court of Protection deals with legal matters for vulnerable people and people who don’t have mental capacity. They can appoint someone to act in a person’s best interests as their deputy.

Although there are similarities between attorneys and deputies, the deputyship application process is longer and more costly than applying for a Lasting Power of Attorney. In addition, the deputy must comply with extensive reporting obligations to the Office of the Public Guardian on an ongoing basis.

A person can become someone’s deputy for property and financial affairs, or health and welfare, although the latter is rarer.

Next steps

To talk to one of our team about applying for a deputyship order please email wills&probate@winstonsolicitors.co.uk or call us on 0113 320 5000.

NB: timescales and fees are subject to change – please ask for details.

A Lasting Power of Attorney (LPA) is a legal document which allows a person (the donor) to appoint someone or more than one person they trust (attorneys) to make decisions for them when they no longer have the mental capacity to make the decisions themselves. An LPA has to be made while the donor still has the mental capacity to give their consent to it.

No. Your family will have no access to your bank accounts and cannot sell your property unless they make an application to the Court of Protection for a deputyship order, which is a costly and lengthy process.

Client feedback

Many thanks to Monika and staff at Street Lane office for their help and understanding at what was a very sad time for me. So efficient.Ann Campbell

Ann

Monika made the whole Wil process very simple & was more than happy to explain any concerns we had.

Jane

Emily was a very patient and supportive lady, as we were not very clued in to dealing with some of the internet issues and she guided us through it.Emily made altering our wills a breeze, would use this firm Winston solicitors 100 percent for all our business.

Tina

I received a welcoming and efficient service from Monika at Winston’s. A lovely, friendly lady that was very professional at the same time. I would use Winston’s again.

Michelle

Emily clearly explained the process to have an Lasting Powers of Attorney for Property and Finance and Health and Welfare.She communicated with precision giving the client the needed information .I would definitely recommend her .

Rosamund

I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me!Thank good ness for Emily Spencer at Winston solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.

Patricia

Very handy as a local north Leeds firm, no need to travel to Leeds. Understood exactly what we required and prepared the documents carefully and quickly. Kept us informed as to progress throughout. I would recommend them for any private client work.

Michael

I have always had friendly and efficient service from Winstons

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