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- £1,500.00+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
2024-01-22
Liam Wolley dealt with the sale of my stepmother’s property in 2021/2022 efficiently and with great care and sensitivity. In 2023, Rebecca Padgett dealt with obtaining probate for my stepmother's will. Again, this was dealt with efficiently and with sensitivity. I would very happily recommend Thorne Segar.
Jill Coppin
Jill Coppin
2024-01-06
We had a difficult Intestacy when my Father died and his will was not valid. Rebecca dealt compassionately, patiently and professionally with what could have been a very acrimonious affair. From our first meeting with Rebecca we had total confidence that she could and would deal with this situation. At every step of the way she kept us fully updated and all parties were kept aware of all of the possibilities that may or may not occur. We had total faith in her throughout. Her advice was invaluable and at no time did she give us cause to doubt her. A situation that shocked us was made so much easier by Rebecca's total Professionalism. When we were finally able to sell my Father's flat there was absolutely no doubt in our mind that Thorne Segar could deal with this too - and they did in the same first class manner. Its a great pity that we can't give Thorne Segar more than five stars.
James Waterman
James Waterman
2024-01-04
Our recent property sale was dealt with very efficiently by Liam. Nothing phased him and we felt reassured by his calm approach to every issue posed by the purchaser’s solicitor. We have had several matters handled by Liam and the rest of the team at Thorne Segar and our experiences have all been positive. In all legal matters they are our ‘go to’ provider.
Derek Smith
Derek Smith
2023-10-31
Earlier this year we consulted Thorne Seagar in Minehead about preparing Wills for myself and my wife. We had an interview with Iestyn who we found very helpful and knowledgeble about Wills. We were very impressed with how they advised us on what can be a very tricky subject to deal with. We now have our Wills and peace of mind it is all sorted. We would certainly recommend and use this Solicitor again.
Georgia Bacon
Georgia Bacon
2023-02-27
House Sale: I was apprehensive about using a solicitor for the first time, but found everyone I met or spoke to at Thorne Segar was approachable and helpful, ready to translate anything technical or tricky into terms I could understand, and help me appreciate the implication of anything I was asked about or asked to do. A good experience, thank you Liam and the team.
Ian Bailey
Ian Bailey
2022-11-22
Friendly professional service highly recommended solicitors
Margaret Keddie
Margaret Keddie
2022-11-10
Very impressed with anyone at Thorne Segar, we moved from Lancashire to Minehead, they always kept us informed any problems were dealt with efficiently, they took a lot of stress out of the move.
Marg jeffries
Marg jeffries
2022-08-20
Very friendly staff and efficient. Liam Wolley kept us informed when purchasing our new place. Very happy with service received
Chris Ryan
Chris Ryan
2022-08-12
Excellent -efficient service all return calls as promised kept updated on all aspects of buying and selling property. recommended
Barneys Mum Stoneham
Barneys Mum Stoneham
2022-08-11
Recently used Thorne Segar to update our wills. Very efficient service with help support and advice. Would highly recommend.