Appointing a deputy

We can act as a Court of Protection deputy for someone who doesn’t have the capacity to manage their financial affairs. Alternatively we can assist you with an application to appoint a family member as deputy. Our award winning team is nationally recognised and one of the largest and most experienced in the country.

When is a deputy appointed?

A deputy is appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to make decisions about their property, financial affairs and other matters.

A deputy can be:

• A friend or relative
• The local authority
• An experienced lawyer or (for property and financial affairs cases), a Trust Corporation, such as the Thomson Snell & Passmore Trust Corporation.

The Court appoints a deputy only when someone lacks capacity, and usually where there is no Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) in place. However, even if there is an EPA or LPA in place, there are situations where it might still be appropriate and in the person’s best interests for a deputy to be appointed instead – such as where there is going to be a damages award.

Can a deputy make gifts of money?

An order appointing a financial deputy for a person who lacks capacity will usually authorise the making of small gifts to individuals or charities as well as to maintain someone for whom the person may be expected to provide. However, this does not confer an unfettered discretion to dispose of a person’s property. Any decision to make a gift must be in the person’s best interests.

Further, the order will only allow gifts which are not unreasonable having regard to all the circumstances and, in particular, the value of the person’s assets. Gifts to individuals can only be made on important occasions (such as a birthday, wedding, or anniversary), to someone who is related to or connected with the person. Gifts to charities can only be made to organisations the person may have been expected to support.

Although a deputy’s authority to make gifts is limited, the Court of Protection has authority to make more substantial gifts. However, a formal application will need to be made explaining why the proposed gifts are in the person’s best interests, setting out their affordability and the interests of any persons potentially prejudiced by the proposals.

Can a deputy decide where someone lives?

A deputy appointed to manage a person’s property and financial affairs cannot decide where someone should live. Such decisions would usually be left to the person’s family, medical practitioners and/or local authority.

A health and welfare deputy may have authority to make this decision. However, the appointment of a health and welfare deputy is rare, and if there is no such person appointed and a disagreement arises as to where someone should live, an application should be made to the Court of Protection for a decision.

How our Court of Protection lawyers can help with deputyship matters

• The Thomson Snell & Passmore Trust Corporation can act as professional deputies to administer the property and financial affairs of the person who lacks capacity
• Assist with applications to the Court of Protection for a relative or friend to be appointed as a lay deputy
• Support lay deputies through the decision making process by advising on legal matters
• Advise and assist deputies with applications to the Court of Protection for statutory wills, gifts, and property transactions
• Provide an expert witness service
• Help you to understand the duties of a Court of Protection deputy.

Why choose Thomson Snell & Passmore to act as a deputy?

We have one of the largest specialist Court of Protection teams in the country, offering a personal and tailored service that few firms undertaking this work can provide.

We have a great deal of experience in this area of practice. We have a dedicated team of lawyers specialising in Court of Protection work. Partners in the firm, both personally and as Directors of our Trust Corporation, act as the professional deputy in approximately 240 cases. Our Court of Protection team has been ranked by Chambers and The Legal 500, two independent legal directories, in the top tier for Court of Protection work in the UK. We are one of only three firms in the country to achieve this status.

Brian Bacon is ranked in Chambers UK as a Band 1 ‘Leader in their Field’ in Court of Protection Property and Affairs work and is also noted in The Legal 500 as a ‘leading individual’ as are Partner Catherine Fuller and Partner Rosie Hamlyn who is also named as a ranked lawyer in Chambers UK.  Partner Mea North has been named as a Next Generation Partner in The Legal 500 and Partner Claire Busuttil has been named as a key lawyer in The Legal 500.

We are highly regarded experts, with many years of experience between us and we regularly receive direct referrals from other solicitors, barristers and professionals.

Our deputyship team provides straightforward, practical advice and have the experience to ensure we secure the best possible outcome for a vulnerable or elderly person who lacks mental capacity.

We have particular experience in dealing with issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We also manage the affairs of many elderly clients with dementia.

Further help

www.gov.uk/court-of-protection

www.justice.gov.uk/about/opg