Court of Protection and Deputyship

The Court of Protection is a Court in England and Wales created under the Mental Capacity Act 2005. The Court of Protection is responsible for protecting people who do not have the capacity to make decisions for themselves, the Court has jurisdiction over the property, financial affairs and personal welfare of those people.

If someone has lost capacity, and in the absence of a Lasting Power of Attorney, then a deputy may be appointed by the Court of Protection. A deputy is only usually appointed if an attorney has not been appointed under a Lasting Power of Attorney and there are decisions that need to be made.

A deputy can be a family member, a friend or a professional and their role as deputy is to look after the property, financial affairs and personal welfare of that person. A deputy must be over 18 years old and must have mental capacity.

When appointing a deputy the Court of Protection will decide the following:-

• The length of the appointment,
• The level of supervision needed from the deputy,
• Any fees that are to be paid to the Court,
• Whether the deputy should be paid for their work.

A deputy must act in your best interests, they must have the skills and ability to carry out the duties of a deputy and the person appointed must be trustworthy and reliable. A deputy may only make decisions for those matters authorised by the Court of Protection.  

Here at Johnson Astills our Wills & Probate department are experts in advising and assisting with the Court of Protection.

Senior Associate Solicitor and Head of the Wills & Probate department at Johnson Astills, Jane Hinds, has previously been appointed by the Court of Protection to act as a professional deputy. Her wealth of knowledge and experience has been shared across the department.

If you would like some advice on the Court of Protection and Deputyship please contact the Wills & Probate department at Johnson Astills on 0116 255 4855.