Where a person unfortunately loses the capacity to arrange their own property or finances, they will need someone to step in and do so on their behalf.
Sometimes family members or friends will act as a deputy for a loved one, referred to as a lay deputy. However, where there is a large damages award from an injury claim, or where an individual does not have an appropriate person to act as a deputy or someone who is willing to take on the responsibility, they will require a professional deputy to act on their behalf.
The appointment of a deputy means that the Court of Protection legally permits that person to manage the finances of the incapacitated person, however, a deputy has a duty under the Mental Capacity Act to consult with family or others who are close to that person when making decisions.
Our expert Court of Protection lawyers at Ashtons have much experience acting as professional deputies for a wide range of clients. We can provide help in many ways, including:
- Professional deputyship legal advice
- Professional deputies for property and financial affairs
Get in touch with our professional deputyship lawyers
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Our professional deputyship service
Professional deputy advice
If you are considering appointing a professional deputy, to act for your loved one, we can offer advice based on your circumstances.
Our expert lawyers can explain how professional deputyship works, allowing you to assess whether working with a professional deputy is right for you and your loved one.
We appreciate that, at this time, you will be carefully considering the needs of your loved one who needs a deputy, including any preferences they may have. We can assist you in figuring out which type of professional deputy your loved one may need.
To access advice today, please get in touch with our professional deputyship lawyers.
Professional deputies for property and financial affairs
If you decide that you’d like to appoint a professional deputy for your loved one, our solicitors can act as professional deputies for property and finances.
We have many years of experience acting as professional deputies for a wide range of clients. Once appointed as deputy, we can assist with matters such as helping to manage finances and pay bills, completing tax returns and assisting with benefits. We can also assist with investing, or maintaining or buying property.
For more information, get in touch with our deputyship lawyers.
Frequently asked questions about deputyship court of protection
What is a professional deputyship?
A professional deputyship refers to a legal agreement whereby the Court of Protection select a professional, for instance a solicitor, to be a deputy for an individual who does not have the mental capacity to handle their own affairs.
The role of a deputy involves managing the affairs of the incapacitated person, for instance, handling their financial affairs.
Professional deputies are generally used where the person who needs assistance does not have a suitable friend or family member to be their deputy, or where a person has a particularly large estate, for example, from an injury claim or inheritance.
When do you need a professional deputy?
You may need to appoint a professional deputy if your loved one cannot handle their own affairs, and there is not a suitable friend or family member who can act as their deputy.
If your loved one’s financial situation is particularly complex, or you feel that you do not wish to be in charge of their financial affairs, please get in touch with our deputyship lawyers.
Who pays for a professional deputy?
The professional deputy fees are covered by the individual who lacks capacity and requires the assistance of the deputy.
Where the individual does not have the funds to cover the costs, it may be possible to obtain local authority funding under certain circumstances.
Does a professional deputy have to be a solicitor?
No, it is not necessary for a professional deputy to be a solicitor. Professional deputies might be another professional, for instance an accountant, or any professional or organisation that the Court of Protection permit to act as a deputy.
How is a professional deputy appointed?
If you would like to appoint a professional deputy on behalf of a loved one, you can contact a law firm that provide professional deputyship services, such as our lawyers at Ashtons. Alternatively, the Court of Protection can select and appoint a professional deputy for you.
If you would like to appoint a professional deputy, our lawyers at Ashtons Legal can provide all the information you’ll need and guide you through all the associated processes.
What are the benefits of appointing a professional deputy?
When you appoint a professional Deputy, you can relax in the knowledge that the needs of your loved one are being dealt with by a professional with experience.
If your loved one has lost mental capacity, it can often be difficult to make decisions on their behalf, particularly where emotions are running high. Professional deputies are impartial, and as such, can make the difficult choices that families are finding it tough to make between themselves. Appointing a professional deputy can sometimes help to prevent conflicts of interest between family members.
Why choose our professional deputyship lawyers?
You may have considered acting as your loved one’s deputy, yet perhaps are concerned about taking on the responsibility. If you are worried about managing your loved one’s finances, or adhering to the legal compliance issues, appointing a professional deputy could be a suitable option.
At Ashtons, we have much experience acting as professional deputies for individuals who lack capacity. We appreciate that appointing a solicitor to manage your loved one’s affairs may feel a little daunting, and that you are likely to have plenty of questions. At Ashtons we ensure to take a compassionate approach, explaining the associated legalities in a straightforward way.
You’ll find that our lawyers take a compassionate approach to every case, always putting the needs of your loved one first. To discuss your case today, please get in touch.
Our professional deputyship fees
At Ashtons Legal, we appreciate that some clients may have concerns about legal fees. Any fees charged have to be approved by the Court before we are able to charge them, and the Court will independently review our files to ensure that the work undertaken is reasonable and proportionate.
We will offer an hourly rate, as set by the Court, and will provide an accurate estimate of your fees from the outset.
Our team will ensure that the service is matched to your needs and designed to be cost-effective.
Speak to our professional deputyship lawyers
To speak to a member of our team today, please use the links below to get in touch.