Deputyships –
Court of Protection

Are you worried about the affairs of a relative who has lost capacity?
 

They may have lost mental capacity due to an accident or illness such as dementia. If they haven’t set up Lasting Power of Attorney you could still help them by applying to the Court of Protection for a Deputyship Order.

Once appointed as Deputy you can handle many of the affairs of the person who has lost capacity. Without a Deputyship order or a Lasting Power of Attorney you will not legally be able to look after their affairs.

Thorne Segar services cover:

  • Discussing all the possible options for helping your loved one
  • Understanding the Court’s criteria for assessing capacity
  • Making the application for Deputyship to the Court of Protection
  • Guiding you through the process of acting as Deputy

FEES: 

Please get in touch for a free initial consultation.

Advice and application to the Court typically- £1,300.00+VAT

Court Fees usually £385 (unless the person qualifies for a remission)

Thorne Segar’s Iestyn Milton-Jenkins has over 20 year’s experience and is adept in Court of Protection work. His approach is to make a detailed assessment of your situation and explain all options in detail to ensure you fully understand the nature of all the documentation.

FAQs

Who can apply to be a Deputy?

In theory, as long as they are over 18 and not bankrupt anyone can, but obviously they should be able to show that they have some clear connection with the person who has lost capacity. If there is no-one who is able or willing to apply, it is possible in some circumstances for us to apply. The court will however examine the suitability of the person making the application and can ask them to come before the Court to help them decide.

Do you have to use a Solicitor to make an application to be appointed as a Deputy?

No, but be warned – there are a lot of forms to complete! Even if you decide to make the application yourself, we would strongly recommend that you at least take legal advice to explain what is involved and what will be required of you.

What happens after you get a Deputyship Order?

As this is a Court Appointment, the Court will supervise you by requiring you to file regular reports with it explaining what you have done, and why. You will normally be expected to take proper professional advice, for example, from Independent Financial Advisors. If you have a Deputyship Order and are not sure what you now need to do, we are happy to discuss this with you.

The person who has lost capacity has a Power of Attorney – I assume that we do not need to apply for a Deputyship Order?

Probably not, but you need to check that the Power of Attorney is still valid – for example if more than one person was appointed, you would need to check the terms of the Power carefully to see whether the Power remains valid if one of them has died or is no longer willing to act. If you are in doubt, it is best to check whilst the person still has the ability to make decisions for themselves.

Free initial consultation

It can take up to 3-4 months to get a Deputyship Order.

Start the process today.
Book a free consultation with
Iestyn Milton-Jenkins

01643 703234
enquiries@thornesegar.co.uk

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Thorne Segar know how difficult it can be when someone loses capacity, and deal with the issues arising sensitively but professionally. Consistently we have feedback to say that we have provided highly professional advice in a really friendly manner. We take pride in our work, and interest in our clients’ welfare.

Applications to The Court of Protection do take time. If you are concerned about someone’s capacity you should act quickly. People can be left in position where, if capacity is lost, no one is dealing with their affairs.

GOOGLE REVIEWS

David Simpson
David Simpson
2022-05-15
Liam Wolley dealt with the sale of my mother’s property, following her move into a retirement home, efficiently with great care and sensitivity. Would happily recommend Thorne Segar’s conveyancing service to others.
rod dover
rod dover
2022-04-07
Thank you very much for an efficient service. Job done and thank you very much to all concerned.
Tracy Lynch
Tracy Lynch
2022-02-15
Very helpful and friendly. Would highly recommend.
Richard Allen
Richard Allen
2022-02-14
My wife and I received a truly first class service in engaging Thorne Segar, in the persons of Iestyn Milton-Jenkins and Tina, to set up Power of Attorney for us. We really felt that they had our best interest at heart and valued us. Now that all has been arranged we have every confidence in their sincerity and professionalism, and are meeting them soon to arrange the updating of our will.
Ali Sanderson
Ali Sanderson
2022-02-10
I highly recommend Thorne Segar. Solicitors and office staff alike have been extremely helpful through a difficult time, explaining everything that we needed to know clearly, with kindness, understanding and efficiency.
Nigel Coates
Nigel Coates
2021-12-14
Liam Wolley at Thorne Segar handled two recent property purchases for us. The best service ever in 50 years of such transactions. Wholly professional, tenacious, responsive and helpful. Exemplary.
Mark Terrett
Mark Terrett
2021-12-02
Requirements and options well explained in layman's terms ,easy to understand. Listened to what we wanted to achieve and responded in a timely and professional manner at all times. We would not hesitate in using this company again.
Peter Tallack
Peter Tallack
2021-10-06
Our first dealings with Thorne Segar were after a close family friend had nominated us as his POA and executor for his estate shortly after his wife had passed away. In the following twelve months we had to make just about every decision a POA and executor dreads having to make. Throughout this process Thorne Segar were excellent, we cannot sing their praises enough, from our first dealings with Lestyn drawing up the POA who explained this process thoroughly and in plain English (with a slight Welsh accent) to his PA Tina who was always available to help and form a good line of communication with Lestyn. After the sad but inevitable ending to a long and happy life, Thorne Segar were there again to help guide and advise. Rebecca then took the reins to deal with the probate and Paul dealt with the conveyancing aspects of the house sale. This process for various reasons was not straight forward, but all the complications were dealt with without fuss or undue delay for which we are most grateful. I hope the best compliment we can make of Thorne Segar is that although we are not local, we intend to ask Thorne Segar to put our family POA's in place.
David Archer
David Archer
2021-08-30
The service provided by Thorne Segar in connection with the sale of a property has been excellent. The communication has been very good and clear which made the whole process so much easier. I would certainly recommend Thorne Segar’s services to others.
Duncan Brown
Duncan Brown
2021-08-12
Listened carefully to what we wished to achieve with our final wishes. Explained any points we didn't understand/grasp, in some cases explaining several times until we fully understood the legal terms and their implications. Very happy with the outcome and the professional and friendly way we were dealt with. Wouldn't hesitate in recommending Thorne Segar to anyone needing the services they provide.