Mental Capacity and Deputyship

What is a Court of Protection Deputy?

When someone loses mental capacity and does not have a Power of Attorney in place, the Court of Protection will appoint another person to manage their property and finances.  This person is known as a Deputy.

The role of a Deputy is similar to that of a Trustee – they must always act in the best interests of the incapacitated person.

In many cases, a close family member will be appointed as Deputy, but there are circumstances when it is appropriate to appoint a professional person as Deputy, usually a Solicitor.

What does lacking mental capacity mean?

The test for mental capacity depends on the type of decision that needs to be made. Many people may lack mental capacity, such as those with dementia, a learning disability, brain injury, cerebral palsy or mental health problems.

When is a Court of Protection Deputy Required?

A Deputy is needed when the incapacitated person has money or assets to manage over and above any benefits. This may be because they have received an award of damages or an inheritance.

How can Andrew Isaacs Law help?

We can assist with:

• Applications to appoint a Deputy,
• Acting as Professional Deputy and Trustee,
• Advice and support for people acting as Deputy,
• All aspects of Court of Protection work,
• Setting up Personal Injury Trusts.

Why use Andrew Isaacs Law?

Andrew Isaacs Law specialise in Court of Protection work and act as Professional Deputy for many clients.  Our role as Professional Deputy is to ensure that our clients have everything they need to enhance the quality of their lives and that they are empowered to make choices and be involved in decisions as much as possible.

Andrew Isaacs Law is supervised by the Office of the Public Guardian and the amount we can charge for our services is determined by the Court.

The relationship between a Professional Deputy and the client is very personal and can last for many years and we pride ourselves on building close and long lasting relationships with our clients.

Contact us today to arrange a consultation.