Get 30% off an annual subscription until 16th June 24 Find out more
Applying for a deputyship order

Get expert legal advice at a fair price – we’ll guide you step by step to achieve the best outcome for you.

  • Jargon free advice tailored to your issue
  • Call us when you need, for as long as you need
  • Set monthly or annual fees, no hidden costs
  • Advice for you and people at the same address
Join online today
Legal Header Wills2

If you need to take over the affairs of a loved one

If someone loses the mental capacity to make decisions for themselves – perhaps because of an accident or an illness – doesn’t automatically have the right to act for them. Instead, their affairs come under the jurisdiction of the Court of Protection. Among other powers, this court can appoint a ‘deputy’ to make decisions on that person’s behalf. A deputy is very often a relative or close friend of the person who has lost their mental capacity, but you’ll need to apply to the court and satisfy a complex legal procedure.

Applying for a deputyship

To be a deputy, you must be over the age of 18, and be able to show the court that you’re financially sound. The application process starts with some forms and may include a court hearing. There are two types of deputies: those who deal with someone’s financial affairs, and those who make decisions about their medical treatment and how they’re looked after. You can be both types, or just one. The exact scope of decisions you’ll be allowed to make will be decided by the court and will depend on the circumstances of your deputyship.

How we can help

Making an application to the Court of Protection can be a complex and difficult process. But our team of legal experts can advise you every step of the way – answering your questions about becoming a deputy, guiding you through the application, and explaining the timescales and fees involved.

We’ll:

  • develop an understanding of your situation and circumstances
  • talk you through the deputyship application process
  • explain what your responsibilities as a deputy might be

All advice contained within this section relates to England and Wales only.

Join online today by choosing one of the options below.
Annual
30% off until 16 June 24
Save £67 vs monthly
£69.30 for a year £5.78 monthly equivalent - Normally £99
  • Access our experts in consumer law, travel, motoring, landlords & tenancy, wills & probate and more
  • Get clear guidance on your next steps from experts you can trust
  • Unlimited calls – speak with us as often as you need
  • Cover for your whole household
  • Regular news and advice emails
Join
Monthly
As much advice as you need for as long as you need £9 per month plus a one-off £29 joining fee (cancel anytime)
  • Access our experts in consumer law, travel, motoring, landlords & tenancy, wills & probate and more
  • Get clear guidance on your next steps from experts you can trust
  • Unlimited calls – speak with us as often as you need
  • Cover for your whole household
  • Regular news and advice emails
Join
If you need assurance that we can help with your issue before joining online read our common questions, or ask our advisers via live chat.
Read our common questions
Meet your experts
Paul Hanford Sq Paul Handford With over 20 years of varied legal experience, Paul now specialises in private client work, which includes drawing up wills, deeds of trust, lasting powers of attorney. See profile
Sarah Henley Sq Sarah Henley Sarah trained and worked in private practice in Bristol before joining Which? Legal as a qualified solicitor in January 2018. Sarah provides advice to members on Wills and Powers of Attorney. See profile
Ben Rosser Sq Ben Rossor Ben joined Which? Legal in 2015 as a wills and probate specialist. Ben trained and qualified in private practice and now advises on a range of legal issues, including estate administration. See profile
Still have a question?
Read our common questions