Deputyship Orders
Deputyship Order Solicitors in GloucestershireÂ
 A Deputyship Order is a legal authority granted by the Court of Protection appointing one or more people (the deputies) to make decisions on behalf of someone who has already lost the mental capacity to make those decisions themselves. It is generally only needed where no Lasting Power of Attorney (LPA) was put in place beforehand.
There are two types of Deputyship Orders:
- Property and Financial Affairs
- Personal Welfare
Our specialist private client team can act for family members applying for deputyship, act as a professional deputy where required, and advise on ongoing responsibilities once an order is in place.
We can also help with Lasting Powers of Attorney, Wills, Will disputes, and other elderly or vulnerable client matters.
For you, your family and your business. To speak with our Deputyship Order team, please call on 01452 521286, email us at lawyers@langleywellington.co.uk or make an online enquiry.Â
What happens if Mental Capacity is Lost Without an LPA in Place?Â
Without an LPA, your family does not automatically have the right to deal with your finances or make decisions about your care, even if they are your next of kin. This includes your spouse. Access to bank accounts, the ability to sell a property, or the authority to arrange and pay for care all require a Deputyship Order from the Court of Protection. We explain the differences between an LPA and a Deputyship in our blog on deputyship orders.Â
Deputyship applications take longer, cost more, and give the family less control than an LPA would have done. However, once capacity has been lost, this is the only route available, and our team can guide you through it.
When Is a Deputyship Order Needed?
 Common situations where a family will need to apply for a Deputyship Order include:
- A parent has been diagnosed with dementia or Alzheimer’s disease and has never put an LPA in place.
- A loved one has suffered a serious brain injury following a road traffic accident, fall or stroke.
- A young adult with a severe learning disability has reached 18, and a parent needs to have continued legal authority to manage their affairs.
- An existing LPA has become invalid, for example, where all named attorneys have died or are no longer able to act.
In each case, applying to the Court of Protection is the correct legal route to take control of your loved one’s affairs and act in their best interests.
Types of Deputyship Orders
 There are two types of deputyship orders, much like LPAs:Â
- Property and Financial Affairs Deputyship: This is the more common of the two orders. It gives a deputy the authority to deal with bank accounts, pensions, benefits, paying bills, selling a property and managing investments on behalf of the person who lacks capacity.Â
- Personal Welfare Deputyship: This is a much rarer order that allows a deputy to make decisions about medical treatment, care arrangements and where the person lives. The Court of Protection will usually grant a Personal Welfare Order only where there is a genuine ongoing welfare issue that cannot reasonably be dealt with by medical professionals and social services on a case-by-case basis.
Most families apply for a Property and Financial Affairs Deputyship. Some apply for both.
How Langley Wellington Can Help
Our private client team has wide experience of both Lasting Powers of Attorney and Court of Protection deputyship applications. We can guide you through whichever process applies, handle the paperwork, liaise with the medical practitioner conducting the capacity assessment, and act on your behalf with the application itself.
If a family member has recently lost capacity and you need to apply for deputyship, it is worth starting the process sooner rather than later. The Court is unable to expedite the process simply because it is urgent.
Equally, if you are reading this and thinking about your own future, making an LPA now is far simpler and considerably more cost-effective than leaving your family to apply for a Deputyship Order later.
You can also find out more about Lasting Powers of Attorney on our LPA service page.
For more on what legal documents you should have in place, read our guide: What Legal Documents Do I Need?
Deputyship Orders and Power of Attorney Solicitors in Cheltenham and Gloucester
To find out more about deputyship applications, LPAs, or any other private client matter, including Wills and Probate disputes, please get in touch with our friendly and professional team. We can provide understanding and straightforward guidance tailored to your situation. Please call us on 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham), email us at lawyers@langleywellington.co.uk or make an online enquiry.
Frequently Asked Questions About Deputyship Orders and How They Relate to LPAs
A deputyship order is a legal document issued by the Court of Protection. It appoints one or more people, called deputies, to make decisions for someone who has already lost the mental capacity to make those decisions themselves. It is generally only needed if no LPA was put in place beforehand.
The difference between these documents comes down to timing and control. An LPA is something you arrange for yourself before losing capacity; a deputyship is what your family has to apply for after capacity is already lost. With an LPA, you choose your attorneys. With deputyship, the Court chooses your deputy. The deputyship application process is also slower, costlier and more restrictive.
In practice, an LPA is the planning step, and deputyship is the fallback. We always recommend putting an LPA in place if you have the capacity to do so. Understanding the deputyship process matters because it shows you what your family would otherwise have to go through if you did not.
No. An LPA can only be made by someone who still has the mental capacity to understand what they are doing and who they are appointing. Once capacity is lost, the only route available is to apply to the Court of Protection for a deputyship order.
A straightforward property and financial affairs deputyship application typically takes around six months. Recent Court of Protection delays have pushed some applications to nine to twelve months. During that time, the family has no legal authority to act.
The Court of Protection application fee is currently £421, with a further £259 if a hearing is required. Legal fees, a fee for the capacity assessment and a security bond premium are payable on top. There will also be annual supervision fees applicable once a deputy is appointed. You can find out more about the fees here: Gov.UK - Court of Protection Fees.
A deputy must be over 18 and willing to take on the role. Most deputies are close family members. Where there is no suitable family member, or where the estate is particularly complex, a professional deputy (usually a solicitor or accountant) can be appointed.
Yes. Family members or other interested parties can object during the application process, in which case the Court may hold a hearing. Once an order is made, the Court can vary or revoke it if circumstances change, or if a deputy is not acting in the best interests of the person they were appointed to support.
Basically, yes. An LPA can only be made while you still have mental capacity. Once capacity is lost, the only option is a deputyship application. This is why we encourage people to put an LPA in place early, while there’s no time pressure and full freedom to choose who you want to act for you.
Our private client team in Cheltenham and Gloucester acts for clients on both Lasting Powers of Attorney and Court of Protection deputyship applications. To find out more or to speak to our team, call 01452 521 286 or email lawyers@langleywellington.co.uk. You can also make an online enquiry by visiting our Contact Us page.
An LPA covers one specific gap; decisions made for you while you’re alive but no longer able to make them yourself. It doesn’t deal with what happens after you die. That is what a Will is for. The two really work as a pair, one for loss of capacity and one for after death, and we’d always suggest having both in place rather than one without the other. You can read more on our Estate Planning page and in our blog, ‘Top Tips for Writing a Will’.
Our Fees
We will always ensure you are fully aware of all costs involved, and your solicitor will explain these to you. For our standard probate service, we offer a fixed fee service which we have detailed fees and disbursements, which you can by clicking here.
How can we help?
Our Fees
We will always ensure you are fully aware of all costs involved, and your solicitor will explain these to you. For our standard probate service, we offer a fixed fee service which we have detailed fees and disbursements, which you can by clicking here.
Our Wills, Trusts & Probate Team
The Wills and Probate team will be happy to speak with you regarding all areas of wills, probate, inheritance planning and trusts.
You can find out more about our team by clicking on the links below.
Contact our Solicitors
Langley Wellington is a forward-thinking law firm acting for clients nationwide. Whatever your legal requirements, we are here to help.
Get in touch with our Solicitors today. Call one of our offices on the numbers provided below, or fill out our contact form here.Â
Gloucester Office: 01452 521 286
Cheltenham Office: 01242 269 998
