Private Client
When someone cannot make an important decision for themselves, relatives may discover they do not have the legal authority they expected. We can help you understand whether a Court of Protection application is needed, what evidence is required and what responsibilities follow from an order.
Understanding your next steps
An existing lasting or enduring power of attorney may already cover the decision. A benefits appointeeship or a one-off court order may be more appropriate than deputyship in some circumstances. We start by checking the documents and the particular decision that needs to be made.
The court can appoint a deputy to make specified decisions for someone who lacks the relevant mental capacity. Property and financial affairs applications differ from welfare applications. A deputy’s authority is defined by the order; it is not an unrestricted right to manage every part of someone’s life.
Deputies must act within the order and meet their duties, including record keeping and reporting requirements. We can explain the proposed application and identify where additional authority may be required, rather than assuming a general appointment permits a substantial gift or every property transaction.
A clear way forward
Tell us about unpaid bills, a property transaction, care arrangements or a deadline. Bring existing powers of attorney and court or medical correspondence.
We discuss the capacity evidence, financial information, proposed deputy and people who need to be notified, based on the application required.
We help with the agreed application work and explain the authority sought, any restrictions and the practical obligations if an appointment is made.
Planning ahead
Costs can include legal work, court fees, capacity evidence and, for deputyship, supervision charges and a security bond where required. The estimate should distinguish application work from any ongoing assistance after appointment.
Applications require evidence and notification steps, and court processing can take time. If there is a genuinely urgent decision, tell us immediately so we can consider whether a specific urgent application is appropriate.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
An LPA can only be made while the person has the capacity to make it. Capacity is specific to the decision and time, so it should not be assumed from a diagnosis alone. A court application may be needed.
No. Existing authority or a more limited arrangement may be sufficient. The correct route depends on the decisions and assets involved, which is why checking the position first is useful.
No. Personal welfare deputyship is generally used only in particular circumstances. A decision on a specific welfare issue may be more appropriate than an ongoing appointment.
A deputy must follow the order, act in the person’s best interests and keep proper records. Annual reporting to the Office of the Public Guardian is normally required, along with any other applicable supervision obligations.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
