Accident Claims & Fatal Injuries
Personal Injury Claims
Serious Injury Rehabilitation, Treatment and Support
Criminal Injury Claims
Court of Protection
Estate Planning and Wills
Inheritance Tax Planning
Business Succession Planning
Estate Administration and Probate
Divorce and Family Law
Separation, Divorce, Dissolution of Civil Partnership
Financial Considerations in Separation, Divorce and Dissolution of Civil Partnership
Prenuptial, Postnuptial and Cohabitation Agreements
Sorry, we couldn’t find any results... Please try a different search term.
Our specialist Court of Protection team can advise on all types of applications
We can assist in applying for a family member or friend to be appointed as a deputy on behalf of someone who lacks capacity to make certain decisions. Where this appointment is non-professional in nature, it is often referred to as a lay deputyship. A deputy can be appointed in respect of a person’s property and affairs, or in respect of their health and welfare. We can advise on all types of application including applications which have become contested.
Lay deputies are usually family members or close friends of the person who they are acting on behalf of. If you are appointed as a deputy, you will have key responsibilities in relation to the financial affairs or the health and welfare of the person you are acting for.
As a lay deputy you will be required to:
The appointment of a deputy requires an application to the Court of Protection. Whilst this might sound like a daunting task, Price Slater Gawne is equipped and ready to help you in this process.
In making such an appointment, the Court must be satisfied that the person concerned lacks the capacity to make the relevant decisions. It is important to note that capacity is time and decision specific. Secondly, the Court of Protection must decide whether the proposed deputy is suitable. When considering an application to appoint a deputy, the Court must do so by reference to the principles of the Mental Capacity Act and in particular ensuring that any decision made on behalf of someone who lacks capacity is done so in their best interests, and with least restriction.
One of the key considerations in lay deputy applications is resolving questions of mental capacity. Understanding whether a person is able to make decisions or not is often complex. It is important to avoid making assumptions in respect of capacity and mental state, based solely on a person’s diagnosis. The starting point is always the presumption that a person has capacity. Evidence is required in order to displace that presumption.
Although the Court can appoint a deputy to make decisions about health and welfare, this type of appointment is much less common than a deputy for property and financial affairs. The Court of Protection has long been reluctant to appoint a single person as the decision-maker in respect of somebody else’s health and welfare.
For further information or support relating to the Court of Protection or appointing a deputy, please get in touch today by calling 03333 058375 or by email to firstname.lastname@example.org
Read our Court of Protection FAQs
Partner, Court of Protection & Wealth Protection
Partner, Court of Protection
Associate, Court of Protection
Solicitor, Court of Protection
Administrator, Court of Protection
“Tom Young has been extremely helpful with case advice and a seemingly smooth transition of cases.” Legal 500
“I am currently a client of Sam Firth, I cannot recommend him enough, he is very thorough, professional and supportive, I can't imagine anyone else dealing with such a complex case, resulting in positive outcomes.” Stacey
The team are dedicated, highly experienced, professional, and approachable, with a drive to ensure the best outcome for their clients.” Kate Barron, Clinical Case Manager
“Tom Young is excellent. I cannot fault his continuous efforts and expertise enough. He offers great communication and always treats our family with the utmost courtesy and professionalism. I would highly recommend him to anyone. As a family we are forever grateful.” Mrs R
“Jade Price was recommended to me and I can see why. Jade has been very prompt and thorough throughout. I wholeheartedly feel at ease with Jade guiding me.” Mr P
If you would like to speak with one of our expert lawyers, just call or email using the information below, or complete this form.
"*" indicates required fields
A race against time?
What is the Court of Protection and what does it do?
Will Planning for Families with Disabled Children