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An application may be made to the Court of Protection for the appointment of a Deputy to act on behalf of a person who is unable to manage their affairs through ill health, a stroke or loss of mental capacity. Any person of good character who has not been declared bankrupt may make an application. Usually a family member or close friend will make an application, but sometimes it is necessary or more appropriate for a professional Deputy, such as a solicitor or legal executive to be appointed.
There are two types of Deputy applications.
The Court of Protection sets out the Deputy’s powers in the Court Order. These powers will specially be tailored to the individual needs to allow the Deputy to deal with the person’s affairs and welfare easily. The Deputy may only act in the best interests of the patient.
Deputies must keep an account of their actions and provide information back to the Court with annual accounts.
All fees relating to the Deputy applications can be recovered from the person’s assets.
We will make your application for the fixed fee set by the Court for work that is carried out in relation to a Deputy application. This is currently set at £1200 inclusive of VAT.
There are also other disbursement fees that have to be paid. These are:
It may be possible to claim an exemption of the court costs. We can advise you on this and on all aspects of the Deputy application, from submitting the initial application to the final Court order being made.
Sometimes the Court may prefer a professional appointment. This may be due to the level of the patient’s assets, or because there is a dispute between family members.
We provide a professional Deputy service and can appoint one of our solicitors to act as a Deputy for your relation or friend.
Contact a member of our wills and probate team on 0151 239 1064 for straightforward advice or complete the online enquiry form on our website.