When someone loses mental capacity and they do not have Lasting Powers of Attorney in place, then family members will need to apply to become a Deputy.   This will allow them to manage the financial affairs of the family member who has lost capacity.   It is also possible for the family member to apply to become a Deputy for Health & Welfare.   However these are more rarely granted.


Deputyship Orders are granted by the Court of Protection.   The paperwork required to complete a Deputyship application is long winded and quite complex.


A Deputy must only make decisions that are in the client’s best interests and can only make decisions that are authorised by the Deputyship Order.   If a family member wishes to carry out a transaction that is not authorised by the Deputyship Order, then they will need to make a further application to the Court of Protection.


The Private Client Team will be happy to guide you through the process of making a Deputyship application and can provide on going advice on the use of a Deputyship Order.


Court of Protection Applications


Sometimes a one off application to the Court of Protection may be needed. This could be where a trustee has lost mental capacity and needs to be retired by the other trustees.  Alternatively, there may be a Deputyship Order in place for a family member, but the task that the Deputy wishes to carry out, such as selling a house, is not authorised by the Deputyship Order.  In which case the Deputy will need to make a further application to the Court of Protection for an Order to allow the sale of the house.


The Court of Protection can also grant Orders allowing the Deputy to carry out Inheritance Tax planning on behalf of the individual who is subject to the Deputyship Order.


Please contact the Lamb Brooks Private Client team on 01256 844888 if you need any advice regarding making a Court of Protection application.

lasting power of attorney

"You rely on everything with knowledge, sympathy, understanding and he dealt with any situation with speedy results. I will use them again in the future and recommend to friends and relatives."


Key Contacts

James Phipps

Partner & Head of Private Client

Lisa Perry

Associate Solicitor

Elizabeth Groom

Associate Solicitor

Related Articles

Will Writing, updating your will, will solicitors Hampshire

Monday 28 June, 2021

When Should You Update Your Will?

woman at a funeral with white lillies probate solicitor

Wednesday 20 January, 2021

Dealing With Death During Lockdown

Wednesday 7 October, 2020

Do I Need a Declaration of Trust?

Monday 5 October, 2020

Taking Care of Aging Parents

Sunday 5 April, 2020

Can I Make A Will From Home?

Thursday 2 April, 2020

Love Locked Down

Friday 20 December, 2019

What to Buy for Someone with Dementia

Wednesday 2 October, 2019

Using a Solicitor Vs Using a Will Writer

Wednesday 28 August, 2019

How to Explain Dementia to Children

Friday 2 August, 2019

A Quick Guide To Making A Will

Sunday 10 December, 2017

Coping with a Death in the Family

Friday 3 November, 2017

Making a Will