Deputyships
Our expert Deputyship Solicitors in Cheshire help individuals through the process of COP applications, as well as act as professional deputies for more complex or disputed cases. We are by your side to ensure your interests are protected.
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COP Deputyship Experts
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Regional & National Award Winners
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When a friend or family member loses the mental capacity to manage their own affairs, you want to ensure that any decisions made on their behalf still serve their best interests.
At Rowlinsons we’re on your side to help you protect your loved one when they can no longer handle important matters so that their finances and personal welfare are taken care of as effectively as possible.
Our deputyship solicitors can help with the application to become a court-appointed deputy or guide you in your ongoing deputyship responsibilities. We can also assume the role of professional deputy to ease the burden on you.
Our Wills, Trust, and Estates team have extensive experience dealing with all matters relating to the Court of Protection. We regularly help clients with the deputyship application process or serve as professional deputies in cases that are more complex or where there isn’t a suitable person to act as lay deputy.
Rowlinsons Solicitors was awarded the Excellence in Private Client Award from the National Law Society in 2018. We were also Highly Commended in the Boutique Private Client Team of the Year category at the British Wills and Probate Awards 2023.
Several of our team are Members of STEP (the Society of Trust and Estate Practitioners) which further highlights our technical know-how in this specialist area of law.
Our friendly solicitors are committed to making the process as simple and stress-free as possible. Get in touch today for a free initial chat to see how we can help.
A deputy is an individual who is authorised by the Court of Protection to manage the financial or health and welfare interests of a vulnerable person who has lost the mental capacity to make their own decisions through ill health, injury, or old age. This role could be undertaken by a close relative or a friend, or it could be a professional such as a solicitor.
A deputy will be required when a person loses the capacity to make their own decisions and doesn’t have a valid Enduring or Lasting Power of Attorney in place. Not having power of attorney in place creates problems because there will be no one to handle the person’s financial affairs or make important medical decisions.
A person could lose mental capacity as a result of being injured in an accident or suffering from a degenerative disease. These events are often impossible to predict, which means many people don’t plan for this. That’s when the Court of Protection will step in and appoint someone close to the individual or a professional such as a solicitor.
Anyone over the age of 18 years old can apply to be appointed as a deputy. In most cases, a friend or relative would be the most suitable person for the role as they are already closely involved with them and will have a good insight into how to act in their best interests.
A solicitor can also act as a professional deputy. The advantage of appointing a legal specialist is that they are skilled and experienced in matters relating to the Court of Protection and Deputyship. A solicitor can also work alongside you as a joint deputy. Ultimately, the court will use its discretion and have the final say on who is appointed.
A deputy must follow the principles laid out under the Mental Capacity Act 2005 and make best-interest decisions for the vulnerable person they have deputyship over.
Their responsibilities include:
The deputy will be accountable to the court for how they spend their money so they may also need assistance from solicitors, financial advisors, and accountants. Further authority from the Court of Protection may be required to make decisions over more important matters such as selling property.
Acting as a deputy can be an overwhelming task. A professional deputy can take the weight off your shoulders and give you peace of mind that your loved one’s affairs will be taken care of.
Furthermore, the court will require the appointment of a professional deputy in more complex cases such as when:
It’s also common for deputies to require support in their role. Get in touch to find out how we can help you with deputyship applications, managing your current duties, or taking over your responsibilities. Our solicitors at Rowlinsons will help navigate complex deputyship issues thoughtfully and professionally to serve the best interests of your loved one.
Our COP Deputyship Solicitors in Cheshire are here to help you if you are considering a Court of Protection application or you think you may benefit from a Professional Deputy for your case. Contact us today for a no-obligation assessment, and begin the process to ensure you and your loved ones get the best possible outcome.
Rowlinsons Solicitors is a specialist firm of Personal Solicitors in Cheshire with years of experience supporting clients through any circumstances, from simple applications down to the most complex Court of Protection cases. We regularly help individuals in Warrington, Widnes, St Helens, Chester, Northwich, North Wales, and across the UK from our offices in Frodsham and Runcorn (Sutton Weaver).
Call us today for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales by appointment.
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