Wills & Probate: Deputyships
At Storrar Cowdry, we pride ourselves on assisting our clients through life’s most challenging times. If a deputyship is required, our experts can help.Find A Solicitor
What is a deputyship?
A deputyship gives someone the ability to make decisions on behalf of someone else who has does not have the capacity to care for and make informed decisions for themselves.
It could be that your child has never had mental capacity, or a loved one has lost mental capacity through a degenerative disease or serious accident for example.
The process to set up a Deputyship will normally involve:
- Checking that there is not already a Lasting Power of Attorney (LPA) in place.
- Someone over the age of 18 volunteering to be the Deputy (it is normally a family member or friend of the person without capacity however, it does not have to be).
- Obtaining a medical report about the person without capacity.
- Making an application to the Court of Protection for a Deputy Order to be made.
Why choose Storrar Cowdry to help with your Deputyship?
At Storrar Cowdry we are committed to providing our legal advice in a clear, straightforward, jargon-free way. Our expert solicitors will ensure that you fully understand your legal position and the options which are open to you in assisting your loved one.
We understand that each and every client's circumstances are unique, which is why we will ensure that we have a full understanding of your situation before getting to work. You can rest assured that the advice we will provide will be tailored to the specific needs of the person you are applying for the Deputyship on behalf of.
Our team of Solicitors at Storrar Cowdry are experts in their field with many years of experience dealing with Deputyships.
We can even act as the court appointed Deputy if there is no one else appropriate to undertake the role and when running accounts for clients for whom we act as Deputy, are always highly meticulous; ensuring we keep their best interests as our main priority at all times.
At all times the Deputy will report to the Court and we can assist with the preparation of the annual financial accounts or additional applications to the Court of Protection.
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If you wish to discuss your situation further with an expert solicitor please don’t hesitate to get in touch.Make An Enquiry
Frequently Asked Questions
How long will the process take?
The application process can take several months to complete depending on the circumstances. We will be able to provide a more accurate timescale when we know more about your individual situation.
Will I have to go to Court?
In most cases, it is not necessary to attend Court to obtain a Deputyship order, however, if the matter is unusual, if someone has made an objection to the deputyship application or more than one person has applied then there may be a court hearing.
What Types of Deputyship are there?
There are two types – one is a Deputyship for property and affairs and the other is a Deputyship for for personal welfare.
What will happen if someone has capacity now but is at risk of losing it?
In these circumstances the person at risk of losing their mental capacity would be advised to make a Lasting Power of Attorney instead of a Deputyship.
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