It’s never easy when someone loses the capacity to make their own decisions about things like their own care and finances. But the situation can be even more difficult if they did not make a valid Lasting Power of Attorney allowing you to provide the support they need. In these cases, you will need to apply to become a Court of Protection deputy.
The Court of Protection protects people who cannot make decisions when they need to be made because they lack mental capacity. There are all sorts of reasons a person might lack mental capacity, including illnesses such as dementia, conditions such as a stroke, severe learning difficulties, and brain injuries.
If this applies to someone you know, or you suspect someone you know or care for lacks mental capacity, our Court of Protection solicitors are here to help.
We have a dedicated Elderly and Vulnerable Person team who have specialist expertise in advising people on the unique legal issues which commonly affect older people, people with illnesses or disabilities, and their families.
We can help to equip you with all the tools you need to care for and support your loved one, including:
- Applying to the Court of Protection to appoint you as a deputy for someone who lacks mental capacity.
- Providing advice to deputies about their role.
- Helping deputies make decisions, including advice about assessing mental capacity, liaising with healthcare professionals and reviewing care plans.
- Acting as professional deputies for someone who lacks mental capacity.
- Taking steps to protect people from abuse, including advising on removing and replacing deputies and ending deputyships.
We also provide a wide range of other Court of Protection advice, including advice about Statutory Wills, selling property and applying for urgent, emergency or one-off decisions. Visit our Court of Protection page for more information.
Read on to learn more about our deputyship services. Or read about why you might need a Deputyship Order to support your loved one or the person you care for.
Get in touch with our friendly and experienced Court of Protection deputyship solicitors in East Sussex
For advice about supporting vulnerable and elderly people, including advice about applying to the Court of Protection for a Deputyship Order, contact your local Heringtons office in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Our clients come to us from across East Sussex for our esteemed reputation in this area, including Rother and Wealden.
Where required, we can visit the protected person in their home, residential or nursing home to assist them and their family.
Or fill in our online enquiry form and we will be in touch shortly.
Our Court of Protection deputyship services
Advice about mental capacity
If you are concerned that a loved one or someone you know has lost their mental capacity, we can provide clear, practical advice, including:
- Explaining the law on mental capacity under the Mental Capacity Act 2005.
- Undertaking mental capacity assessments.
- Liaising with medical professionals regarding a person’s mental capacity and obtaining evidence.
- Advising deputies and attorneys about decision-making for someone who has lost their mental capacity.
Deputyship Order applications
A Deputyship Order can give you the legal authorisation you need to properly care for someone who has lost their mental capacity. There are two types of Court of Protection Deputyship:
- Property and financial affairs deputy – allows you to do things like handle someone’s bank accounts and manage their pension.
- Personal welfare deputy – allows you to make decisions about someone’s care and medical treatment.
We can help you apply to become either or both kinds of deputy. These applications are very complex, requiring a professional medical report and an in-depth mental capacity assessment. We’ll be by your side throughout the whole process, explaining the law simply and ensuring you are fully informed.
Your role as deputy
As a deputy, you will have important responsibilities to act in your loved one’s best interests and keep up with deputy admin. This isn’t a simple task, so having legal advice to make sure you’re doing the best possible job is essential.
We can help you:
- Review your loved one’s mental capacity, make decisions in their best interests and help them make their own decisions wherever possible.
- Notify relevant people and organisations about your appointment as deputy.
- Manage your loved one’s finances, such as handling their bank accounts, managing their pension and paying care fees.
- Manage your loved one’s care plan.
- Handle deputyship administration, such as preparing accounts and deputy reports and claiming expenses.
Professional deputyship services
Our Court of Protection deputyship solicitors are able to act as professional deputies on behalf of or alongside our clients.
We have significant experience in this area, so you can trust that we will always put your loved one’s best interests first and apply the highest standards of care.
Protecting elderly and vulnerable people from abuse
Our Court of Protection deputy solicitors are dedicated to protecting our older and vulnerable clients from abuse and exploitation. As part of our deputyship service, we ensure that every decision and piece of advice is given with the protected person’s best interests at heart.
If you are concerned that someone you know is being abused or exploited, or is at risk of being abused or exploited, we can provide advice about taking steps to protect them, including:
- Advice about seeking the Court of Protection’s assistance with a particular decision – the Court can make a wide range of orders, including urgent and emergency decisions and one-off decisions.
- Advice about deprivation of liberty and challenging deprivation of liberty authorisation – where a person’s movements and activities are being controlled.
- Applications to remove or replace deputies or attorneys.
- Applications to end deputyships where the protected person has regained mental capacity.
Visit our Court of Protection page for more information about the kinds of decisions the Court can make to protect a vulnerable person.
Why do you need a Deputyship Order?
When a person loses their mental capacity, the people who care for them are often surprised to find that they cannot provide the care and support that person needs.
You cannot simply step into someone’s shoes and handle decisions about their finances or welfare on their behalf. For example, a bank is unlikely to let you access someone else’s bank accounts if you are not the account holder, not even if you are their spouse or civil partner.
Ideally, your loved one will have left a Lasting Power of Attorney (LPA), which appoints you as attorney and gives you the legal authority to manage their affairs. However, we know that life is hard to predict, and not everyone manages to get around to it.
In such cases, it is necessary to apply to the Court of Protection for a Deputyship Order, which appoints you as a deputy over your loved one’s financial and/or welfare affairs.
Other ways our Elderly and Vulnerable Person team can help
We’re here to support individuals and their families through some of life’s biggest challenges. Here are some other ways we can help you:
- Making a Will.
- Making a Power of Attorney.
- Acting as professional attorneys.
- Trusts advice.
- Advice about care for vulnerable and/or elderly people.
Get in touch with our friendly and experienced Court of Protection deputyship solicitors in East Sussex
For advice about supporting vulnerable and elderly people, including advice about applying to the Court of Protection for a Deputyship Order, contact your local Heringtons office in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Our clients come to us from across East Sussex for our esteemed reputation in this area, including Rother and Wealden.
Or fill in our online enquiry form and we will be in touch shortly.