& Court of Protection
Our lawyers are here to provide specialist advice in creating and administrating a deputyship
Deputyships & Court of Protection
What you need to know...
If a person lacks the mental capacity to understand and execute a Lasting Power of Attorney and has not signed any previous Power of Attorney, or if an existing Power of Attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.
Why do I need a solicitor
to appoint a Deputy?
Applying to become a Deputy can be a lengthy and costly process as well as time-consuming so you may prefer to have legal advice and guidance.
At Goughs, we have specialist expertise in dealing with Deputyship applications and are able to advise and assist as much as possible if you require guidance on how to make an application.
We can also advise Deputies in making sure they fulfil their duties associated with their role and assist Deputies in completing their annual accounts.
Expert advice when you need it most
Your local solicitors since 1882
Your Court of Protection team
I engaged the services of Goughs Solicitors in Trowbridge, in particular Ailie Peacock, to act on my behalf for the sale of my house. Ailie was always clear with her advice, acted in a timely manor and answered any questions I had almost immediately. She was very proactive in dealing with the other parties involved in a slightly convoluted chain.
Ailie also managed a very late request from our buyers with calm efficiency and the utmost professionalism. The end result was a smooth sale and completion, with remarkably little stress on our part. I would not hesitate from using them again.
Clear concise advice
Quick response to e-mails or phone calls. Will certainly use again in the near future. Clear concise advice patiently given!
Mr Ian Liddle
Excellent service as usual.
Superb once again.
Superb once again. Goughs provides outstanding service... professional in getting the job done and conducted with grace and care. Thank you Goughs!
The solicitor I dealt with at Goughs, Rhianna Cole, was an absolute star, I cannot fault her in any way at all. She made everything in the situation I was in so easy to understand, and she guided me through an extremely stressful time, with extreme professionalism, yet a very personal and sensitive touch. Can't big them up enough.
Made first-time buying a (relatively) simple process!
Sophie was very attentive and responsive and understood the need to act quickly in regard to our purchase process. She was diligent with the paperwork and was very easy to talk to and clear at explaining what was required in terms of action from our side and from the seller.
pursuit of excellence.
All were welcoming and pleasant and dealt with my queries instantly. Nadine Cook who handled the conveyancing was absolutely outstanding in her pursuit of excellence. I commend her as one of the best and she has my everlasting thanks
very friendly welcome
Donna was always available on the phone and was always helpful, a very friendly welcome. I had very regular updates and nothing was too much trouble.
Since working with Nadine - excellent service, Thank you Nadine, good service as expected.
Very glad we went with Goughs
Sarah was very thorough and kept in touch with us all the way through the process. Very glad we went with Goughs and hopefully Sarah will be assisting my parents with their property regarding Land Registry
Nadine was fantastic
Nadine was fantastic, by far the best conveyancing process we’ve ever experienced, would recommend her to anyone. She was professional and communicative at all times, thank you
Very happy with the service provided.
Nadine said at the beginning that she was proactive, easy to say, but she proved to be so. She dealt with all matters efficiently by e-mail and e-letter. I also had two face to face meetings and she took the time to explain things clearly which is important. Very happy with the service provided.
A Deputy is appointed by the Court of Protection to make decisions on behalf of someone who has lost or lacks capacity to make decisions for themselves.
A Deputy is needed when the person lacking capacity did not or cannot make Lasting Powers of Attorney appointing someone of their choice to make decisions for them.
Becoming a Deputy is a big responsibility. For more information, please click here.
The Order appointing you will set out your authority and your decisions need to fall within that. A Deputy has to follow the rules set out by the Mental Capacity Act 2005. The main focus is that you need to make decisions based on what you believe the individual would want, not necessarily what you would do yourself.
As a Deputy, you are representing an individual, therefore every role as a deputy is different. Some lead straightforward lives, others more complicated. Every Deputyship role has to be tailored to the person you are representing.
For more information about acting as a Deputy, please click here.
An attorney is appointed by the individual whilst they have capacity in preparation for when they lose capacity. A deputy is appointed by the Court of Protection once an individual lacks capacity.
A Lasting Power of Attorney provides you with complete control over who is appointed to make decisions on your behalf and look after your affairs as well as determining the extent of their authority.
For more information on the differences between them, please click here.
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By making a Lasting Power of Attorney you can have peace of mind that in the future all of your affairs will be dealt with by your chosen, trusted Attorney.
A Will allows you to select Executors to administer your estate. They are responsible for making sure that any debts are paid and the remainder of your estate, known as the residue, is distributed in line with the wishes of your will.
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