Our wills and inheritance services

Approachable, sensitive and efficient

Court of Protection

What we can help you with

  • Becoming a Deputy for someone who lacks mental capacity
  • Assisting Deputies with applications to the Court of Protection
  • Advising Deputies of their duties

Why Thomson Hayton Winkley?

If your loved one did not appoint Attorneys under a Power of Attorney while they still had mental capacity, you can apply to the Court of Protection to become their Deputy in terms of their financial affairs.

Our experienced solicitors can assist you to make an application which anticipates all the legal requirements that may be needed by your loved one.

The role of a Deputy is not as extensive as that of an Attorney, and we can advise you on the limits and extent of your authority as a Deputy, and your on-going responsibilities.

Answering your questions

Why might I need to apply to the Court of Protection?

If someone doesn’t have a Lasting Power of Attorney for Property & Financial Affairs, and they lose capacity, the Court may have to appoint a Deputy to deal with their affairs.  The process is convoluted, time consuming and can be expensive, which is why we encourage clients to prepare Lasting Powers of Attorney whilst they have capacity.

How can I avoid having to apply to the Court of Protection?

Make Lasting Powers of Attorney! See Powers of Attorney and contact us for more details.

What is a Deputy?

A Deputy is someone who is appointed by the Court of Protection to deal with (usually) your Property & Financial Affairs, if you are incapable.  They have to prepare an Annual Return for the Court each year and are highly supervised.


What can a Deputy do?

A Deputy can make all decisions in relation to your affairs.  They have similar powers to an Attorney, but are appointed by the Court, rather than you.  They can open bank accounts, sign cheques, set direct debits up, sell your house.


Don't take our word for it