A Deputyship Order may be needed when a person has lost mental capacity and no valid Lasting Power of Attorney or Enduring Power of Attorney is in place. In those circumstances, family members or professionals may need authority from the Court of Protection before they can manage finances, property or, in rarer cases, welfare decisions.
How Preston Redman Can Help
- Provide advice as to whether a Deputyship Order is required
- Prepare the application for a Deputyship Order to deal with property and financial affairs together with supporting forms and evidence
- Prepare the application for a Deputyship Order to deal with health and welfare together with supporting forms and evidence
- Explaining when a one-off Court of Protection order may be preferable
- Arranging capacity assessments
- Preparing the necessary notices
- Advising proposed deputies on duties
- Explaining annual reporting and record keeping requirements
- Assisting with later applications to vary or extend authority
Why This Matters
Deputyship applications can feel daunting because they involve court forms, medical evidence, notices and ongoing duties. Preston Redman helps families understand what is required, prepare the application and deal with the responsibilities that follow once the Court of Protection has made an order.
When to Take Advice
You may wish to speak to Preston Redman if any of the following apply:
- A relative has dementia and no Power of Attorney documentation in place
- A person has suffered a brain injury or serious illness
- A property needs to be sold but no one has authority
- Savings and bills need to be managed
- Care fees need to be settled
- There is disagreement about who should act for the person that has lost capacity
- An attorneyship document is missing, invalid or insufficient
Key Considerations
A Deputy is supervised and must act in the person's best interests. The court order will set out what the deputy can and cannot do. Preston Redman can explain the limitations of the role, including when further approval may be required for gifts, property transactions or unusual financial decisions.
We will also consider how this area fits with your wider arrangements. For example, a Will may need to work alongside a trust, an inheritance tax plan or a business succession strategy. Looking at these issues together often provides a better and more practical result for clients.
What the Process Usually Involves
The first step is usually a focused conversation about what has prompted you to seek advice and what outcome you want to achieve. Preston Redman will then identify the documents, information and decisions needed, explain the likely options and help you understand the consequences of each route. We aim to make the process feel manageable, particularly where the background is emotional, urgent or technically complex.
For many clients, the most useful part of the process is having the issues organised clearly. We can help you separate the decisions that need to be made now from the points that can sensibly be reviewed later. Where specialist tax, financial planning or accounting input is required, Preston Redman can work alongside your advisers so that everyone is working towards the same goal.
Useful Information to Gather Before Speaking to Us
You do not need to have every detail ready before contacting Preston Redman, but the following information can help us give focused advice more quickly:
- A brief summary of the person who has lost capacity’s family situation
- Details of any existing Wills, trusts, powers of attorney or court orders
- A list of assets, liabilities and income sources
- Details of any urgent deadlines, tax dates or practical concerns
- The names of any accountants, financial advisers or other professionals already involved
Why choose Preston Redman?
Preston Redman combines specialist Private Client experience with the reassurance of a long-established Dorset law firm. The firm holds Lexcel accreditation, reflecting recognised standards in practice management and client care. Within the Private Client team there are full members of the Society of Trust and Estate Practitioners (STEP), an international association for professionals specialising in family inheritance and succession planning.
Clients come to Preston Redman because they want advice that is technically sound but easy to understand. Our Private Client solicitors take time to explain the legal position, identify the practical choices and provide a clear route forward. We understand that these matters often involve family, money, health and long-term security, so our advice is direct without losing sight of the personal context.
Frequently Asked Questions
What is a Deputy?
A Deputy is someone appointed by the Court of Protection to make decisions for a person who lacks capacity.
Is deputyship the same as a Lasting Power of Attorney?
No. A Lasting Power of Attorney is made by a person whilst they still have capacity. Deputyship is ordered by the court after capacity has been lost.
Can there be more than one Deputy?
Yes. The court can appoint more than one Deputy and can decide how they should make decisions.
Does a Deputy have to report to anyone?
Yes. Deputies usually have reporting duties to the Office of the Public Guardian.
Speak to Preston Redman
If you need help with a deputyship matter, Preston Redman’s helpful Private Client team can guide you through the options and help you take the next step with confidence.
Call our team today so we can help you with your deputyships requirements.
Please note that all content on our website is subject to the terms of our disclaimer.
