Deputyship

Protecting Someone You Care About When They Can No Longer Decide for Themselves

When someone loses mental capacity, they also lose the ability to make a Lasting Power of Attorney. At that point, there is only one lawful way to step in and protect them: a Deputyship application to the Court of Protection.

A deputyship allows a trusted person—usually a family member or close friend—to make decisions on behalf of someone who lacks capacity. At Linley James Solicitors, we guide you through this process with clarity, care, and real expertise.

This is not just a form-filling exercise. It is a legal process that affects someone’s finances, welfare, dignity, and future. Getting it right matters.

What Is a Deputyship?

A Deputy is appointed by the Court of Protection to make decisions for someone who lacks mental capacity. The person who lacks capacity is referred to as “P” (short for Patient).

A deputy can make decisions about:

  • finances and property
  • health and welfare (in limited circumstances)

Deputies are usually:

  • a spouse or partner
  • an adult child
  • a sibling
  • another trusted family member or friend

If no suitable person is available, Linley James Solicitors can be appointed as professional deputies.

Why Use Linley James Solicitors?

Deputyship applications require expert legal knowledge, careful evidence, and a clear understanding of how the Court of Protection thinks.

At Linley James:

  • Our solicitors are themselves appointed deputies
  • We understand the practical realities, responsibilities, and risks
  • We advise honestly on whether deputyship is appropriate
  • We manage applications efficiently, sensitively, and transparently

Importantly, Craig Ward of Lundie, one of our solicitors, wrote the textbook on Lasting Powers of Attorney, which includes detailed guidance on deputyships. The book is published for professionals and available via the Law Society and major bookshops.

This is a level of expertise few firms can offer.

When Is a Deputy Appointed?

A deputy is appointed when:

  • a person cannot make decisions for themselves, and
  • they did not make a valid Lasting Power of Attorney before losing capacity

The court will only appoint a deputy where it is necessary and in P’s best interests. Our role is to present your application clearly, lawfully, and persuasively.

Types of Deputyship

Property and Financial Affairs Deputyship

This is the most common type of deputyship.

A financial deputy can manage:

  • bank accounts
  • pensions and benefits
  • bills and care fees
  • property matters

More than one deputy can be appointed:

  • jointly (all decisions made together), or
  • jointly and severally (decisions made together or separately)

Some decisions—such as selling P’s home—require specific court authority. We advise you carefully on when court approval is needed and manage those steps for you.

Health and Welfare Deputyship

Health and welfare deputyships are rare. The court is cautious, as many decisions can be made by professionals acting in P’s best interests.

That said, Linley James Solicitors does assist with health and welfare deputy applications where appropriate.

We:

  • assess whether an application is realistically achievable
  • help you prepare strong witness evidence
  • use structured questions to support your statements
  • ensure your application aligns with the Mental Capacity Act 2005, case law, and the Code of Practice

The court is more likely to grant a health and welfare deputyship where:

  • P has never had capacity, or
  • there is clear evidence that ongoing decisions cannot be safely managed without a deputy

Urgent and Interim Deputyship Applications

Sometimes decisions cannot wait.

Urgent or interim applications may be needed where:

  • care fees must be paid immediately
  • relatives are funding care and resources are running out
  • there is a risk to P’s finances or welfare

We can act quickly to protect P while the full application is ongoing.

Contested Deputyship Applications

Most deputyship applications are uncontested. However, disputes do arise—often within families.

We help reduce risk by:

  • advising on who should be notified
  • ensuring transparency from the outset
  • encouraging early discussion and resolution

If objections are raised, we:

  • represent you in Court of Protection proceedings
  • assist with mediation and dispute resolution
  • guide you through hearings if required

Our approach is firm, calm, and focused on P’s best interests.

Costs and Fees

  • Our fixed legal fee: £1,200 for a standard deputyship application
  • Court application fee: £421

The court fee may be reduced if P receives certain welfare benefits.

If additional work is required, we will always explain this in advance. There are no hidden costs.

The Deputyship Application Process

  1. Confirm lack of capacity
    A doctor or social worker completes the required court assessment.
    If this proves difficult, we can arrange an independent assessment.
  2. Notify relevant people
    At least three people, and P themselves, must be informed of the application.
  3. Submit the application
    Once notifications are complete, we file the application using the court’s online system.
  4. Timescales
    • Online applications: typically 3–4 months
    • Paper applications: often 9–10 months

If objections arise, we manage them carefully and efficiently.

Considering a Health and Welfare Deputyship?

Before applying, the court will expect careful thought. Key questions include:

  • Are you already involved in health and welfare decisions?
  • Are you the most appropriate person with the right skills and abilities?
  • Does your role align with legislation, case law, and the MCA Code of Practice?

We help you work through these issues honestly and rigorously, so you only proceed when there is a sound legal basis.

Talk to Us

Deputyship applications are about protection, responsibility, and trust. They can feel daunting—but you do not have to navigate this alone.

Linley James Solicitors combines legal authority, real-world deputy experience, and clear client care.

If you need to protect someone who can no longer protect themselves, we are here to help.