Court of Protection & Deputyship

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Unfortunately, there can be situations where a person has lost the ability to manage their day-to-day welfare and financial affairs but does not have in place a valid Lasting Power of Attorney. That’s when you should contact us at Martin Shepherd Solicitors

With our expertise in Court of Protection matters and deputyship applications, we are here to provide guidance and support. Our team understands the sensitivity and urgency of these situations and will work tirelessly to ensure that the best interests of the individual are protected. Whether you are seeking to appoint a deputy or require assistance with Court of Protection proceedings, you can rely on us to provide compassionate and effective legal representation.

Contact Martin Shepherd Solicitors today to discuss your Court of Protection and deputyship needs. We are here to help you navigate the legal process with care and professionalism.

How Our Solicitors Can Help When There Is No Valid Lasting Power of Attorney

If someone lacks mental capacity and does not have a Lasting Power of Attorney, a family member or friend may need to seek approval from the Court of Protection. This allows them to be appointed as a Deputy to handle important decisions regarding healthcare, property, and finances on behalf of the individual.

This process can be complex, time-consuming and confusing. At Martin Shepherd Solicitors, we strive to simplify this process for you. 

Martin Shepherd Solicitors offers assistance in gathering the necessary medical information required for the application, such as permission to sell a property, making it easier for you to manage your loved one’s affairs.

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Martin Shepherd Solicitors Deputyship Service

Deputyship is a legal mechanism designed to assist individuals who lack mental capacity in making decisions concerning their welfare and assets. This arrangement typically applies to individuals who are unable to make decisions due to conditions like dementia, stroke, or other incapacitating factors.

What Does a Deputy Do For Court Of Protection?

  • A Deputy, appointed by the Court of Protection, assumes responsibility for making decisions on behalf of the incapacitated person.
  • These decisions may involve managing the person’s property and financial affairs, such as overseeing property transactions or handling bank accounts.
  • Additionally, a Deputy may make decisions regarding the individual’s health and personal welfare, including determining appropriate treatment options.

Who Can Serve as a Deputy?

  • Any individual over the age of 18 can potentially act as a Deputy.
  • However, before appointment, prospective Deputies must disclose any criminal convictions or bankruptcy arrangements to the Court of Protection.
  • The Court exercises discretion in authorising the appointment of a Deputy, considering factors like the Deputy’s suitability and any potential conflicts of interest.

Deputyship Limitations

  • While Deputies have authority over various aspects of the incapacitated person’s life, they cannot refuse consent to life-sustaining treatment on their behalf.
  • This limitation ensures that critical healthcare decisions are made in the best interests of the vulnerable person, prioritising their well-being.

Do you need assistance with your deputyship application to the court? Learn more about the Court of Protection and Deputyship at our Hertford, Potters Bar and Finchley offices. 

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Powers and Duties

The Deputy’s powers derive from the Order made by the Court of Protection. The Order may set limits on those powers and such powers must not be exceeded.  

A Deputy’s general duties are set out in detail in the Mental Capacity Act 2005, including the following, important principles:

  • A person must be assumed to have capacity unless it is shown otherwise.
  • A person cannot be treated as unable to make a decision until all practicable steps have been taken to help him/her, without success.
  • A person cannot be treated as lacking capacity merely because (s)he wishes to make an unwise or eccentric decision.
  • Any decisions made on behalf of a person must be in the person’s best interests.
  • Before making a decision, consideration must be given as to whether its purpose can be achieved in a way that is less restrictive of the person’s rights and freedom.

In addition to following these general principles, the Court of Protection places numerous obligations on a Deputy including: 

  • Safeguarding the mentally incapable person’s assets; 
  • Obtaining and maintaining a security bond as required;
  • Opening a deputyship account at a local bank or building society; 
  • Claiming all social security benefits to which the person is entitled; 
  • Preparing and filing accounts annually or when required; 
  • Ensuring the funds are used provide the best quality of life for the person; 
  • Ensuring all income is collected and bills are paid on time; 
  • Arranging the safe keeping of all deeds, documents, and other valuables; 
  • Keeping any property in reasonable repair, secured and adequately insured; 
  • Dealing with the person’s income tax and other tax matters; 
  • Notifying the Court of any change in the person’s financial situation; 
  • Informing the DVLA if the person holds or applies for a driving license;
  • Advising the Court if there is a likelihood of the person getting married, divorced or involved in other legal proceedings; 
  • Notifying the Court of Protection if the preparation of a Will is being considered; 
  • Obtaining the Court’s permission before dealing with any capital monies; 
  • Informing the Court of the person’s recovery or death; 
  • Paying the Court’s fees out of the person’s monies as and when requested; 
  • Informing the Court of any change in the person’s address and the level of any care home fees payable; 
  • Complying with all directions and orders set down by the Court. 

The Order will, as appropriate, also deal with the Deputy’s powers including matters such as:

dealing with the person’s bank or Building Society accounts; 

  • paying medical fees, Court fees, nursing home and other charges
  • discharging fees and debts including out-of-pocket expenses and solicitor’s fees
  • disposing of assets, such as furniture and household effects.  

Further applications for additional orders may be required in certain circumstances, for example in relation to co-owned property.

Apply to court with our help. We can advise you on the Court of Protection and Deputyship at our Finchley,  Potters Bar and Hertford offices.


The Court of Protection application costs are broken down into two areas:


  • First, the costs charged by the Court of Protection itself.  The Court of Protection makes its’ own charges for the application and will also charge annual administration fees and require the Deputy to take out an annual security bond to ensure their actions as deputy. All of these fees are recoverable from the mentally incapable person’s assets.
  • Secondly, the legal costs.  Whilst the Court of Protection will order fixed costs that can be claimed by solicitors for the application, these are often insufficient to meet the expenses incurred in making the application.  


Fixed costs also apply for each year of general management where there is a professional deputy. 


In complex cases, these costs are approved by the Court before payment is made from the client’s resources. However, in cases where the mentally incapable person has recovered compensation as a result of an accident or clinical negligence, the cost of a professional deputy is often recovered as part of the claim.


All of these fees are recoverable from the mentally incapable person’s assets.


A deputyship order is terminated when the person lacking capacity dies or recovers capacity, or if the Order is limited in time and expires. It can also be discharged by order of the Court of Protection or on application by the Deputy, for example, if he wishes to retire or resign.

Get in Touch Today

If you need expert legal advice and representation regarding Court of Protection and deputyship matters, do not hesitate to contact Martin Shepherd Solicitors. Our dedicated team of Court of Protection solicitors is here to assist you every step of the way.

Reach out to us today to discuss your concerns and legal needs. You can contact Debbie Gibbs at or Gareth Humberstone at We are committed to providing you with the support and guidance you require during challenging times.

The Court of Protection is a specialised court in the UK responsible for making decisions on behalf of individuals who lack the mental capacity to make their own decisions. It handles matters related to financial affairs, healthcare, and personal welfare.

You should consider applying for deputyship if a loved one has lost the ability to manage their affairs due to mental incapacity and does not have a valid Lasting Power of Attorney in place. Deputyship allows you to make important decisions on their behalf, ensuring their needs are met.

Any individual over the age of 18 can potentially act as a deputy after being appointed by the Court of Protection. Deputies have various responsibilities, including managing the person’s financial affairs, making healthcare decisions, and ensuring their well-being.

The process for applying for deputyship involves submitting an application to the Court of Protection, providing necessary documentation and evidence of the person’s incapacity, and attending court hearings if required. Martin Shepherd Solicitors can guide you through this process.

Yes, deputyship arrangements can be challenged under certain circumstances, such as allegations of misconduct or concerns about the deputy’s suitability. Our team can provide expert advice and representation in such situations.

The costs associated with deputyship applications include fees charged by the Court of Protection and legal costs. These fees are typically recoverable from the assets of the person lacking mental capacity. Martin Shepherd Solicitors can provide guidance on navigating these costs.

A deputyship order lasts until the person lacking mental capacity either recovers capacity, passes away, or the order is terminated by the Court of Protection. It can also be discharged by the deputy in certain circumstances. Our team can advise you on the duration and termination of deputyship orders.

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