Court of Protection and Vulnerable Persons Solicitors

A Lasting Power of Attorney (LPA) is created while someone still has capacity, allowing them to choose who manages their affairs if they later lose it. A deputyship is appointed by the Court of Protection after someone has already lost capacity. LPAs are preferable because they let the person choose who acts for them. Deputyship is the route when no LPA exists.

You apply to the Court of Protection, which requires detailed forms, evidence of the person’s lack of capacity, details of your proposed role, and payment of court fees. The court assesses whether the person lacks capacity and whether appointing you is in their best interests. The process can take several months. We prepare the application, submit it on your behalf, and guide you through what to expect.

As a property and finance deputy, you manage the person’s money and property in their best interests, keep accurate records, file annual accounts with the Office of the Public Guardian, and comply with the court’s supervision requirements. You must carry out your role in line with the Office of the Public Guardian’s Deputyship Standards, acting prudently, avoiding conflicts of interest, and making decisions the person would have made themselves where possible. It is a significant and ongoing responsibility.

Only if the Court of Protection specifically appoints you as a health and welfare deputy. This authority covers decisions about medical treatment, living arrangements, and personal care. Property and finance deputyship does not automatically include authority to make health and care decisions. The court considers whether a health and welfare deputyship is necessary in each individual case; however, these types of orders are rare.

Professional deputy services can step in. Our team provides bespoke professional deputy and attorney services for people without close family or friends, offering competent management of finances and welfare with regular oversight and reviews of living conditions and general wellbeing. Our Partner, Steve Green, is an OPG panel deputy, appointed by the Office of the Public Guardian in January 2026.

The Court of Protection can resolve disputes about whether someone lacks capacity, whether decisions made on their behalf are appropriate, and whether a deputy should be removed or replaced. We represent clients in contested capacity assessments, challenges to deputyship decisions, and complex welfare proceedings. Early specialist advice is important as Court of Protection disputes can be emotionally and legally complex.

Yes. The Court of Protection can remove a deputy who is not acting in the person’s best interests, is mismanaging finances, or is otherwise unsuitable. Family members, the Office of the Public Guardian, or the court itself can initiate removal proceedings. We advise on whether grounds exist and help with applications to remove or replace an unsuitable deputy.