Court of Protection and Deputyships

If you’re concerned about the welfare of a family member or loved one, we can help you take legal steps to protect them.

Court of Protection and deputyships solicitors

What is the court of protection?

If you need to make legal decisions for a relative, or somebody close to you, the court of protection can empower you to do so as their deputy. The court of protection judges whether people have the mental capacity to make decisions about their own welfare. If it decides they don’t, and no enduring or lasting power of attorney is in place, it can appoint a deputy to make decisions on a person’s behalf. Deputies can be appointed in a wide range of situations, including:

  • if an elderly relative or parent needs help managing their finances
  • if a vulnerable person needs help managing their affairs
  • if decisions need to be made about a person’s health and welfare.

How do I become a deputy?

To become someone’s deputy, you need to make an application to the court of protection. The court will look at the evidence when deciding what a deputy can or can’t do. Your application must put forward a clear and detailed case. This can be a long and complicated process, especially when you’re not familiar with the system.

Court of protection services

Our specialist team of solicitors know the court of protection inside out. Our solicitors have plenty of experience of a deputy’s work – many have themselves been appointed professional deputies, acting for vulnerable people and managing the finances of people in care. So we really do know how the system works and we understand what it means to be responsible for people who can’t make their own decisions. The court of protection will make its decision based solely on the application, but you can be confident that we’ll have every angle covered. Our specialist services include:

  • organising the information needed
  • ensuring there are no errors which could have far-reaching consequences
  • checking your submission complies with all the court’s regulations
  • submitting the application to the court.

I've never found an area where Tees have been unable to help. There is considerable strength across the organisation. Individuals have good contacts outside of their practice area. I have always found Tees accessible and helpful.

What does an application look like?

A typical application has several parts, such as:

  • the application form itself, setting out details about the person involved, the proposed deputy (normally a spouse, civil partner or close relative)
  • an information form that gives all the relevant information about the person’s finances, income or personal injury damages, plus outgoings or care fees
  • a medical form completed by the GP or consultant
  • a declaration signed by the proposed deputy
  • ongoing advice about your role as a deputy and further help with any subsequent paperwork and applications

We’re here to help

If you’d like to meet one of our court of protection experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales

The financial services provided on this page are by Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Registered number 211314.

Our legal services are regulated by the Solicitors Regulation Authority.

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If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

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