Deputyship Order Solicitors Northwich Cheshire

Deputyship Orders (Court of Protection)

Deputyship Order Solicitors in Northwich, Cheshire

When mental capacity is lost, we ensure your affairs are in safe hands.

A Deputyship Order is a legal arrangement granted by the Court of Protection when someone loses mental capacity and has not made a Lasting Power of Attorney (LPA). If a person can no longer make decisions for themselves due to illness, disability, or injury a Deputyship Order allows another person (the "deputy") to make decisions on their behalf.

The Court of Protection can appoint a deputy to manage either financial matters or personal welfare decisions, or both, depending on the individual’s needs. This process ensures that the individual’s best interests are considered and that decisions are made legally and appropriately.

Why Would You Need A Deputyship Order?

A Deputyship Order is necessary when someone can no longer make decisions for themselves due to conditions such as:

  • Dementia
  • Brain injury
  • Mental health issues
  • Severe learning disabilities

If the person has not set up a Lasting Power of Attorney (LPA) before losing mental capacity, a Deputyship Order may be the only way to ensure their affairs are managed.

Types Of Deputyship Orders

There are two types of Deputyship Orders:

  1. Property And Financial Affairs Deputyship

    : This allows the appointed deputy to make decisions about the individual’s finances, including paying bills, managing investments and selling property.

  2. Personal Welfare Deputyship

    : This allows the deputy to make decisions about the individual’s health care, medical treatment, living arrangements and day-to-day care.

In some cases, a deputy may be appointed to manage both financial and personal welfare decisions.

Speak to a Deputyship Order solicitor today

For initial advice call 01606 811700 or make an enquiry online.

How Can We Help?

Navigating the deputyship process can be complex and time-consuming. Our experienced solicitors are here to guide you through every step. We provide:

  • Expert Advice

    : We can advise you on whether a Deputyship Order is the best option or if other alternatives are available.

  • Application Assistance

    : We help with preparing and submitting the application to the Court Of Protection.

  • Ongoing Support

    : Once a Deputyship Order is in place, we can assist with the management of the individual’s affairs and ensure that the deputy complies with all legal requirements.

Why Choose Us?

  • Experienced Solicitors

    : Our team is highly experienced in dealing with Deputyship Orders and can provide clear, practical advice throughout the process.

  • Personalised Service

    : We understand that each case is unique. We work closely with you to ensure that the individual’s best interests are always our top priority.

  • Peace Of Mind

    : With our support, you can be confident that the application process will be managed efficiently and professionally, with minimal stress for you and your loved ones.

Get In Touch Today

If you need help applying for a Deputyship Order or have questions about the process, don’t hesitate to contact us. We are here to help you ensure that your loved one’s affairs are handled appropriately, legally and with the utmost care.

Consult with our Local Court Of Protection Solicitors in Cheshire

For expert assistance with the Court of Protection and Deputyship Orders, contact Gavin Edmondson Solicitors today for a no-obligation discussion of how we can help.

Call us on 01606 811700 or make an enquiry online.


Deputyship Order FAQs

A Deputyship Order is a legal arrangement that allows someone (the "deputy") to make decisions on behalf of an individual who has lost the mental capacity to make decisions for themselves. It is granted by the Court Of Protection in the UK and is typically used when the person has not set up a Lasting Power of Attorney (LPA).

Any person who is concerned about the welfare of someone who has lost mental capacity can apply for a Deputyship Order. This can be a family member, friend, or professional who is willing and able to act as the deputy. In some cases, a professional deputy (like a solicitor) may be appointed if no suitable family member or friend is available.

There are two main types of Deputyship Orders

  • Property And Financial Affairs Deputyship: The deputy makes decisions regarding the individual’s finances, including managing bank accounts, paying bills and handling investments.
  • Personal Welfare Deputyship: The deputy makes decisions about the individual’s health, medical treatment and care, including decisions about where they live and what medical treatments they receive.

To apply for a Deputyship Order, you need to submit an application to the Court Of Protection. The process includes providing medical evidence confirming the individual’s lack of mental capacity, selecting a suitable deputy and completing the necessary application forms. The Court may also schedule a hearing to assess the application.

The process of applying for a Deputyship Order can take several months, as it involves gathering medical evidence, completing forms and waiting for the Court Of Protection to review the application. If a hearing is required, this may further extend the timeline.

A deputy has significant responsibilities, including:

  • Making decisions in the best interests of the individual.
  • Managing the individual’s finances (if granted property and financial affairs deputyship).
  • Making decisions about care and medical treatment (if granted personal welfare deputyship).
  • Keeping accurate records of all decisions and actions taken.
  • Submitting annual reports to the Court Of Protection for financial affairs deputyships.

Once a Deputyship Order is in place, it is legally binding and cannot be revoked by the individual. However, if the deputy is no longer suitable or if the individual's mental capacity improves, a new application can be made to amend or remove the deputyship. Any changes would require approval from the Court Of Protection.

If there is a dispute about who should be appointed as a deputy or about the decisions made by a deputy, the Court Of Protection can intervene. In cases of conflict, the Court will consider the best interests of the individual and may make a new appointment or adjust the deputy’s powers.

No, a Deputyship Order and a Lasting Power of Attorney (LPA) are different. A LPA is a proactive legal document created by someone while they still have mental capacity, allowing them to choose someone to make decisions for them in the future. A Deputyship Order, on the other hand, is granted by the Court Of Protection after the person has lost mental capacity and has not set up an LPA.

Yes, you can apply for a Deputyship Order if the individual has already lost capacity. However, you will need to provide medical evidence confirming that the person lacks mental capacity, and the Court Of Protection will review your application carefully before granting the order.

Yes, a Property And Financial Affairs Deputyship can allow a deputy to manage the financial aspects of a business if the individual who has lost capacity is a business owner. The deputy would be responsible for making decisions about the business’s financial management, but their powers will be limited by the terms of the Court Of Protection order.