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  • Overview

    What is a Deputy?

    A deputy is appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to make decisions about their property, financial affairs and other matters. A deputy can be:

    • A friend or relative
    • The local authority
    • A solicitor.

    The Court appoints a deputy only when someone lacks capacity and there is no Enduring Power of Attorney or Lasting Power of Attorney in place.

    What is the difference between a Lasting Power of Attorney and a Court of Protection Deputyship?

    A Lasting Power of Attorney is made by the person before he or she loses capacity. A Court of Protection Deputyship application is made by someone else after the person loses capacity.

    How our Court of Protection lawyers can help with Deputyship matters

    • Act as a professional Deputy to administer the property and financial affairs of the person who lacks capacity
    • Assist with applications to the Court of Protection for a relative or friend to be appointed as a lay Deputy
    • Support lay Deputies through the decision making process by advising on legal matters
    • Advise and assist Deputies with applications to the Court of Protection for statutory wills, gifts, and property transactions
    • Provide an expert witness service.

    Why choose Thomson Snell & Passmore

    We have one of the largest specialist teams in the country, offering a personal and tailored service that few firms undertaking this work can provide.

    Eddie Fardell, Martin Terrell and Brian Bacon are highly regarded experts, with over 50 years experience between them. Eddie and Martin are both on the Court of Protection User Group and Martin Terrell is on the panel of external Deputies. All three regularly receive direct referrals from the Court of Protection and other professionals.

    We provide straightforward, practical advice and have the experience to ensure we secure the best possible outcome for a vulnerable or elderly person who lacks mental capacity.

    We have particular experience in dealing with issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We also manage the affairs of many elderly clients suffering from dementia.

    Further help

    Free initial consultation

    Call us on 01892 510000 to arrange a free initial consultation where we will clearly explain the options and the processes involved.

  • Latest Updates

    Representing an adult who has cognitive deficits following a road traffic accident when they were six

    P was involved in a road traffic accident in 2001 when she was just six years old.  As a result of the accident, P suffered a severe brain injury. P made a remarkable recovery from her injuries, but has been left with some cognitive deficits.  She struggles with organisation, budgeting and planning.  She can be very impulsive and disinhibited.  She also suffers from fatigue.

    Staffordshire County Council v SRK and others: implications for deputies and local authorities.

    The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK [2016] EWCOP 27 has impacted on the practices and responsibilities of professional Deputies in cases where there is a substantial and privately funded care regime.  This article addresses the key facts and the impact this will have on deputies and the Court.

    Frequently asked questions about the Rehabilitation Code

    We answer frequently asked questions regarding the Rehabilitation Code including it's purpose along with what the code states and how to code will help someone with a brain injury.

    Thomson Snell & Passmore’s nationally ranked Court of Protection team awarded The Legal 500 UK 2015 firm of the year

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded The Legal 500 UK 2015 firm of the year. 

    Nationally ranked Court of Protection team awarded The Legal 500 UK team of the year 2015

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

    Making gifts on P’s behalf

    A property and affairs deputy will usually have authority to make gifts on P’s behalf. But the scope and extent of this authority is limited, and any proposed gift needs to be carefully considered. This is an issue we have dealt with on numerous occasions, and this article details the factors we consider when a gift is being contemplated.

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