Legal service
Deputyship Solicitors
Deputyship is authority given by the Court of Protection to make specified decisions for someone who lacks the relevant capacity. It is not an automatic right for a family member and may not be the necessary solution for every decision. This page explains the England and Wales framework; Highfin's specific Court of Protection instruction scope remains subject to confirmation.
Sources checked on . This general information does not assess your individual circumstances.
Identify what needs to be decided
Start with the decision that cannot presently be made, the person's wishes and the support they have been given. Capacity is specific to the matter and time; difficulty with one decision does not mean a person cannot decide anything.
Check for an existing LPA or other relevant authority and whether a narrower solution is available. Under the Mental Capacity Act, the court must consider a decision by the court in preference to appointing a deputy, and deputy powers should be limited as far as reasonably practicable.
Distinguish financial and welfare applications
A property and financial affairs deputy may be authorised to manage specified finances, pay bills or deal with assets. The court order defines the powers; appointment is not unrestricted permission to make every transaction.
Personal welfare deputyship is not routinely granted. A particular welfare decision may instead require a court decision, and ongoing appointment needs justification. Disagreement within a family does not guarantee appointment. Different procedures and evidence apply to financial and welfare cases.
Prepare evidence of need and suitability
Explain the person's relevant impairment and inability to make the decision, rather than relying on age or a diagnostic label alone. The application normally includes a COP3 capacity assessment; if this cannot be obtained, the court needs an explanation and supporting evidence, not an assumption that assessment is unnecessary.
The proposed deputy must meet eligibility requirements and demonstrate suitability, including the ability to manage the requested responsibilities and any conflicts. Gather existing authority, financial or care information, details of people to notify and the proposed deputy's declaration.
Follow the appropriate application route
For current property and financial affairs applications, official guidance requires notification of the person and relevant connected people before submission. Forms include supporting financial information, the capacity assessment and the deputy declaration; requirements differ between online, paper and legal-professional routes.
The personal welfare route uses its own supporting information and notification stages after issue. Do not apply the financial timetable to a welfare application. Follow the current forms, Court of Protection Rules and any case-specific directions; the court may ask for further evidence or a hearing.
Act within the order and keep records
Do not treat filing an application as authority to act. Read the eventual order and comply with any security-bond requirement. The deputy must support participation and make authorised decisions in the person's best interests, taking their wishes and circumstances into account.
Keep appropriate accounts and decision records and comply with OPG supervision and reporting. A deputy cannot simply change the person's will, make unrestricted gifts or take decisions outside the order. Further court authority may be necessary for a proposed step.
Review changes and keep lifetime authority separate
Capacity and circumstances can change. Reassess the person's ability for each decision rather than treating the original assessment as permanent authority over everything. Seek the appropriate court direction if the order needs changing.
Deputyship concerns a living person's affairs. Following death, authority to deal with the estate must be considered through the relevant probate and administration arrangements, not assumed from the former deputy appointment.
Official guidance
- Service scope awaiting confirmation
- Highfin's Court of Protection capability, the types of applications it accepts and any proposed professional-deputy role require owner confirmation. This page does not claim a specialist accreditation or promise that an instruction can be accepted.
- Costs to consider
- Court application charges, a possible hearing fee, OPG supervision and any required security bond are distinct from professional costs. Applicable fees, relief and the proposed work must be checked; no Highfin price or appointment timetable is promised.
Frequently asked questions
Your questions
Does being next of kin make me the deputy?
No. Deputy authority comes from a Court of Protection order. Family relationship may be relevant to an application but does not itself authorise decisions or access to accounts.
Will the court appoint a health and welfare deputy as standard?
No. A specific court decision may be more appropriate, and ongoing welfare powers need justification. The person's circumstances and the necessity and scope of the proposed authority matter.
What if a COP3 assessment cannot be obtained?
The official application guidance provides for explaining the difficulty in a witness statement with supporting evidence. The court decides whether the evidence is sufficient or further assessment is needed.
Can a deputy decide everything once appointed?
No. The order limits the role, the person's capacity must be considered for each decision and the Mental Capacity Act continues to apply. Additional authority may be needed for a particular transaction.
Does deputyship replace estate administration after death?
No. It is lifetime authority. After death, the will, grant requirements and personal-representative responsibilities determine the estate-administration route.
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