managing tomorrow today

lay and professional deputies

Our Court of Protection Team can assist deputies with applications to the Court of Protection whilst advising them on the Code of Practice and the legal obligations imposed by the Mental Capacity Act 2005.

A lay deputy is usually a friend or family member of the person who lacks the ability to make the decisions for themselves and cannot charge for their time spent in the performance of their deputyship duties.

It is also possible for the court to appoint a professional property and affairs deputy. A professional deputy has virtually identical responsibilities as that as a lay deputy but is a professionally employed person who has the expertise of experience in people and financial management, often dealing with high value matters.

A professional deputy will work closely with the person’s family at all times and will take on board the beliefs and opinions of the person concerned when exercising the decision making process.

Duties as a professional deputy often include:

  1. Purchasing a property
  2. Arranging for a property to be purchased or adapted to meet the person’s needs
  3. The purchase of an adapted vehicle or equipment
  4. Ensuring that the person is receiving all benefits that they are entitled to
  5. Employing a case manager to oversee a care team
  6. Arranging holidays with support staff
  7. Preparation of a statutory will (for people aged 18 and over)
  8. Submission of annual accounts to the Office of the Public Guardian and completion of tax returns

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What is a deputy?

A deputy is appointed by the Court of Protection to manage someone's affairs when they have lost capacity.  People can lose capacity for a variety of different reasons including Alzheimer's/Dementia/brain injury.

How do I make the application to become a Deputy?

You will need to complete forms and send them to the Court of Protection.  There are a number of forms to choose from.  The forms that you will need to complete will depend on the application that you are making.  A member of the team at Lees can help you with this.

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What level of service did you receive at Lees?

"I have dealt with two of your solicitors for two separate matters, both of whom have been excellent, I would urge anyone needing a solicitor to look no further than Lees."

Firm-Wide Client

What did you think of Lees Solicitors?

The staff at Birkenhead have always acted impeccably and I can't thank them all enough, in what has been a very traumatic and stressful time for me and my family - but onwards and upwards.

Firm-Wide Client

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