Court of Protection & Deputyship.

Yes — this is the primary reason for making an LPA while you still have capacity. If a valid, registered LPA exists, the attorney named in it has the authority to act without any need to involve the Court of Protection. There is no court application, no waiting period of six to nine months, no court fee, no annual supervision, and no security bond. The contrast in cost, time, and administrative burden between using an LPA and applying for a deputyship is stark. Where an LPA covers the relevant decisions, a deputyship application is unnecessary. If an LPA exists but an attorney is acting improperly, the Court of Protection can investigate and remove the attorney — but the court's involvement is the exception, not the rule.

Yes — and this is often the more proportionate route where a single specific decision is needed rather than ongoing management of someone's affairs. The court can make a one-off declaration or order on a specific matter — for example, authorising the sale of a property, approving a significant gift, making a statutory will for someone who lacks testamentary capacity, or resolving a dispute about a particular care decision. A statutory will is one of the most commonly sought one-off orders: it allows the court to make or update a will on behalf of someone who no longer has the capacity to do so themselves. One-off applications are generally faster and less expensive than full deputyship proceedings.

Yes — where there is a dispute or uncertainty about medical treatment for a person who lacks capacity, the Court of Protection can make a declaration about what treatment is lawful or in the person's best interests. This most commonly arises in serious or life-sustaining treatment decisions — for example, whether to withdraw treatment, whether to perform major surgery, or where a family and medical team disagree about the right course of action. Hospitals and care providers may also seek court authority where they are uncertain about the legality of a proposed treatment. Personal welfare deputies can in theory make medical decisions, but in practice the court prefers to retain oversight of significant medical decisions rather than delegate them to an individual.

A deputyship application is made to the Court of Protection using prescribed forms that set out details of the person who lacks capacity, the proposed deputy, and the decisions that need to be made. The person who lacks capacity — known as P — must be notified of the application, as must certain family members. A capacity assessment from a medical professional is usually required. The court may appoint a Court of Protection Visitor to assess the situation before making a decision. Once granted, the deputyship order sets out the deputy's powers and any conditions. Solicitors experienced in Court of Protection work can prepare and submit the application, manage the notification process, and guide the deputy through their ongoing responsibilities.

A straightforward, uncontested deputyship application typically takes between six and nine months from submission to the court granting the order. The court application fee is currently £421. Additional costs include a security bond — insurance the deputy must take out to protect against misuse of the person's funds — and an annual supervision fee payable to the Office of the Public Guardian, currently £320 for most deputyships. Solicitor fees for preparing the application are additional; we charge by the hour and provide a written cost estimate at the outset. Ongoing costs continue for the life of the deputyship. These costs significantly exceed those of making an LPA in advance — which is why planning ahead matters so much.

Deputies are supervised by the Office of the Public Guardian (OPG) and must submit an annual report — called a deputy report — setting out all financial transactions made on behalf of the person who lacks capacity. The OPG can investigate concerns about a deputy's conduct and can apply to the Court of Protection to have a deputy removed if there are serious concerns. Deputies must act in the best interests of the person, keep their own finances strictly separate from the person's funds, keep accurate records of all transactions, and seek court authority for any actions outside the scope of their deputyship order. The supervision requirements are ongoing and can be demanding — particularly for lay deputies who are managing complex financial affairs for the first time.

Disputed deputyship applications are dealt with by the Court of Protection, which will consider what is in the best interests of the person who lacks capacity — not what is most convenient or preferred by the competing family members. The court can hear representations from all parties, appoint an independent professional deputy if family conflict makes a family member unsuitable, or make conditions on the deputyship to provide additional safeguards. Where there are serious concerns about the motives or suitability of a proposed deputy, those concerns should be raised formally with the court. Family disputes about deputyship can be distressing and expensive — taking legal advice early, before positions become entrenched, is strongly recommended.

Yes — the Court of Protection has powers to investigate and intervene where there are concerns that a person who lacks capacity is being financially exploited, whether by an attorney under an LPA, a deputy, a family member, or anyone else. Concerns can also be reported to the Office of the Public Guardian, which has investigatory powers and can apply to the court to revoke an LPA or remove a deputy. If you believe someone is being abused or their assets misused, acting promptly is important — assets can be dissipated quickly and recovery is not always possible. In urgent cases, the court can act quickly to freeze assets or restrict an attorney's or deputy's powers while an investigation takes place.

A deputy is a person appointed by the Court of Protection to make ongoing decisions on behalf of someone who lacks mental capacity and has no lasting power of attorney in place. Deputies are most commonly appointed to manage property and financial affairs — paying bills, managing bank accounts, dealing with property, and handling investments. Personal welfare deputies, who make decisions about care and medical treatment, are appointed much less frequently because the court prefers to make one-off decisions on welfare matters rather than grant ongoing authority. A deputyship is typically sought by a family member when a relative has lost capacity — through dementia, a stroke, or a serious accident — and there is no LPA that could be used instead.

The Court of Protection is a specialist court that makes decisions about the property, finances, health, and welfare of people who lack the mental capacity to make those decisions themselves. It can appoint deputies to manage a person's affairs on an ongoing basis, make one-off decisions or declarations on specific matters, authorise statutory wills or gifts, and resolve disputes between family members or between families and local authorities or medical professionals about the care of a vulnerable person. The court operates under the Mental Capacity Act 2005 and applies the principle that any decision made must be in the best interests of the person who lacks capacity. It is also the body that oversees and supervises deputies once appointed.

A property and financial affairs deputy manages the financial life of the person who lacks capacity — bank accounts, bills, benefits, investments, and property. This is by far the more common type of deputyship. A personal welfare deputy makes decisions about where a person lives, their day-to-day care, and in some circumstances their medical treatment. Personal welfare deputyships are granted only in exceptional circumstances — the Court of Protection generally prefers to make individual declarations on specific welfare decisions rather than grant a deputy ongoing authority over a person's life. In practice, most families applying to the court need a property and financial affairs deputyship; welfare matters are usually dealt with by the relevant care providers, local authority, or the court on a case-by-case basis.

The Mental Capacity Act 2005 is the legal framework governing decisions made for or about people who may lack the mental capacity to make those decisions themselves. It establishes five core principles: that capacity must be assumed unless established otherwise; that people must be supported to make their own decisions before being treated as lacking capacity; that unwise decisions do not equal lack of capacity; that decisions made for someone who lacks capacity must be in their best interests; and that any intervention must be the least restrictive option available. The Act defines the test for capacity — which is decision-specific and time-specific — and underpins all Court of Protection proceedings, LPAs, advance decisions, and best interests decisions made by professionals.