Deputy

Our specialist Court of Protection and Office of the Public Guardian team are here to help with your Deputy applications if a loved one has already lost capacity and hasn’t made an LPA.

Deputy

Deputy

Welcome to QLAW’s Deputy homepage.

At QLAW, we understand the importance of ensuring your wishes are respected, even when you’re unable to make decisions for yourself. Our expert solicitors provide comprehensive guidance on setting up a Deputy appointment where a loved one has lost capacity to make an LPA – whether Finance, or Health.

With clear advice and compassionate support, we’ll help you navigate the process with confidence, ensuring your future is in safe hands. Contact us today to get started.

Meet Neil

Hi. I’m Neil (Quantick), and I’m the ‘Q’ in QLAW!

A very warm welcome to our website, and we hope that you find just what you’re looking for. If you don’t, do get in touch – we’d to hear from you

Check out other solicitors’ websites and they’ll be littered with self-adulation – they’re “leading solicitor” this, and “solicitors doing” that.

Rather than toot our own horn we’d rather you be the judge of how good our solicitors are. Our clients are free to leave whatever thoughts they feel best describe the legal service they received from us. It’s raw. It’s honest. It’s for real. And critically, it’s from you!

Legal guides

FAQs

A Deputy is a person appointed by the Court of Protection to look after someone’s affairs who has already lost capacity (and cannot therefore execute an LPA)

Yes. But, because the donor has lost capacity, the Court of Protection has to make the appointment (of the Deputy) as the donor no longer has mental capacity to appoint a Power of Attorney (LPA)

Like an LPA, there are two types of Deputy appointments:-

  • Property & Affairs; and
  • Health & Welfare

The forms to be filled in to become a Deputy are:-

  • COP1 – application form
  • COP3 – assessment of capacity
  • COP4 – Deputy declaration
  • COP18 – supporting information

As with an LPA, a Deputy must be over 18 and of sound mind. To be a Property & Affairs Deputy, you must demonstrate to the Court of Protection that you are able and willing to deal with the persons finances.

The Court of Protection can also appoint a professional to act as Deputy. This might be a solicitor, accountant, or member of a local authority.

These are approved organisations such as solicitors practices where nobody else is available (eg family, friend, or known professionals).

If there is more than one Deputy, they must be appointed either:-

  • JOINTLY – meaning has to be done together
  • JOINT & SEVERAL – meaning they can act together OR independently

There is often no need for an actual court hearing (unless things are unsual). The fees are:-

  • £371 – application fee
  • £494 – Court Hearing fee (if one is needed)
  • £100 – new Deputy fee (not payable if the Deputy is registered as a Deputy for someone else

There are also annual fees payable:-

  • £320 – general supervision
  • £35 – minimal supervision (where assets are less than £21,000)

Yes. A Deputy must report to the Court of Protection each year in a specified format (hence the annual fees payable).

Yes – there is a simple process to be followed allowing a Deputy to resign. A Deputy must however ensure that the application to stop acting has been granting before they stop their duties as a Deputy.

Prices

Deputy (Finance)

£1,200inc VAT
  •   Draft all forms
  •   Submit to court
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Deputy (Health)

£1,200inc VAT
  •   Draft all forms
  •   Submit to court
Contact Us

Contact

Whichever of our expert solicitors you need to talk to, we’ve made it as easy as we can to be available to you.  So whether you need to speak to your conveyancing solicitor, or your wills and probate solicitor – get in touch with QLAW today!

03300 020 853

ept@QLAW.co.uk

(Estate Planning Team)

Skinner House, 38-40 Bell Street,
Reigate, RH2 7BA

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