Supporting you when a loved one can no longer make decisions for themselves.
When someone loses the mental capacity to make decisions about their finances or personal welfare and they have not put a Lasting Power of Attorney (LPA) in place, it can leave families facing difficult decisions at an already challenging time.
A Deputyship Order allows the Court of Protection to appoint a trusted person—known as a deputy—to make decisions on behalf of someone who no longer has the mental capacity to do so themselves.
At Thomas Boyd Whyte Solicitors, we understand that this often arises unexpectedly following illness, an accident, or the onset of conditions such as dementia. We appreciate how overwhelming the process can feel, and our experienced Private Client team is here to guide you with compassion, clarity and practical advice every step of the way.
What is a Deputyship Order?
A Deputyship Order is issued by the Court of Protection and gives an appointed deputy the legal authority to make decisions on behalf of someone who lacks mental capacity. Depending on the individual’s circumstances, the Court may appoint a deputy to deal with:
- Property and financial affairs
- Managing bank accounts and savings
- Paying household bills and care fees
- Selling or managing property
- Collecting pensions and benefits
- Managing investments
- Ongoing financial administration
In limited circumstances, the Court may also appoint a deputy to make decisions relating to health and welfare, although these appointments are less common.
When is a Deputyship Order needed?
A Deputyship Order is usually required where:
- No Lasting Power of Attorney was made before mental capacity was lost
- A person is no longer able to manage their own financial affairs
- Important financial decisions need to be made on someone’s behalf
- Family members need legal authority to act
Without a Deputyship Order, even close family members may not have the legal authority to access bank accounts, manage property or make financial decisions for their loved one.
How we can help
Applying to the Court of Protection can be a detailed and time-consuming process. Our experienced solicitors will support you throughout the application, ensuring the correct documentation is prepared and submitted while keeping you informed at every stage. We can assist with:
- Applications for Deputyship Orders
- Court of Protection procedures
- Property and Financial Affairs Deputyships
- Advice on deputies’ legal duties and responsibilities
- Ongoing administration and reporting requirements
- Applications to sell property
- Advice on managing a loved one’s affairs
Our aim is to make the process as straightforward as possible, allowing you to focus on supporting your loved one while we guide you through the legal requirements.
Planning ahead
Many Deputyship applications can be avoided by putting a Lasting Power of Attorney in place before mental capacity is lost. If you are planning for your own future, our Private Client team can also advise on preparing LPAs to help protect you and your family.
Whatever your circumstances, Thomas Boyd Whyte Solicitors are here to provide practical advice, sensitive support and trusted legal expertise when you need it most.
Whatever your circumstances, Thomas Boyd Whyte Solicitors are here to provide practical advice, sensitive support and trusted legal expertise when you need it most.
If a loved one has lost the ability to make decisions and no Lasting Power of Attorney is in place, we’re here to help. Contact Thomas Boyd Whyte Solicitors today for clear, compassionate advice on applying for a Deputyship Order and supporting your family’s next steps.
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