Deputyship Orders & Court of Protection

Our lawyers are here to provide specialist advice in creating and administrating a deputyship

Our lawyers are here to provide specialist advice in creating and administrating a deputyship

What you need to know about Deputyships

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Attorney and has not signed any previous Power of Attorney, or if an existing Power of Attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.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

Popular questions about Deputyships

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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Thank you Alice Blackmore for your fantastic professional support, with care, compassion and kindness, of our need for explanation and understanding of the system and language in a lot of correspondence. Thank you too for being always being honest and empathic of our feelings.

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Your Court of Protection team

Maxine Coles

Associate Chartered Legal Executive

Maxine specialises in Private Client work, with much of her work being in elderly client care. She has a natural empathy towards clients in what can often be distressing situations.

Samantha Pettersen


Samantha joined Goughs as a Solicitor in 2020. Samantha has been practicing in Private Client law since 2018, and loves the personal interaction with clients and being able to help them with difficult personal and emotional circumstances.

Trish Watkins

Senior Associate (CILEx)

As a Private Client lawyer, Trish always had a strong empathy for the elderly and vulnerable and prides herself in being able to engage with them and support them through what can be very difficult times.

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