Private client

Court of Protection Applications and Deputies

Court of protection and deputies

How we can help

We advise on matters which arise when a person lacking capacity has not appointed an attorney. In this situation the appointment of a deputy may be required.  This would involve an application to the Court of Protection. The court will appoint the person it thinks will act in the person's best interests.

The court will look at a range of factors when deciding who to appoint and will usually appoint a professional, such as a solicitor, to act as a deputy where there is nobody willing or able to act on behalf of the person lacking capacity.

If a person has the capacity to make a lasting powers of attorney then they will not require a deputy and we can advise about this.

We can assist with:

  • applications by family members or others to be appointed as a deputy
  • assisting deputies with specific legal issues, court applications or general financial management
  • matters involving professional deputies when there are no family members or friends willing or suitable to be deputies. Russell-Cooke trust company acts as a professional deputy in a number of cases.
  • deputy disputes and the appointment of independent deputies

Our team and approach

Many of our private client solicitors are specialists in issues affecting those who have lost the capacity to manage their affairs.

This may be in the case of persons who already lack capacity (which may require an application to the Court of Protection), or those who want to plan ahead and make a Lasting Power of Attorney. 

Our Court of Protection team has the specialist experience to take on complex problems in the area of capacity, including the issues that arise when more than one jurisdiction is involved.

Many of our lawyers are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), The Association of Lifetime Lawyers, and the Association of Contentious Trusts and Probate Specialists (ACTAPS). Richard Frimston is the Law Society representative to the European Committee of the Union Internationale du Notariat (UIN) and is currently Chair of the STEP EU Committee and Co-Chair of the STEP Public Policy Committee.

We know that clients often instruct us at difficult times and these are sensitive matters. We understand the importance of giving clear, timely and practical advice. 

Get in touch

If you would like to speak with a member of the team you can contact our private client solicitors; Holborn office +44 (0)20 3826 7522; Kingston office +44 (0)20 3826 7529 or Putney office +44 (0)20 3826 7515 or complete our form.

The team as a whole are very accommodating, friendly and client driven. They go above and beyond to assist you and always put the clients’ best interests first’.
Legal 500 (2024)

Related insights

The latest news and insights from our private client team

News

12.02.2024

How to pass on our properties equally to our children: gift or sell cheaply?—Financial Times

Partner Rebecca Fisher has responded to a reader's question in the Financial Times, posed by a couple who have...
Rebecca Fisher, Partner in the Russell-Cooke Solicitors, private client team.
Rebecca Fisher
1 min Read
News

09.02.2024

Embracing the Year of the Dragon

Partner Julie Man delves into the vibrant traditions and symbolisms of Chinese New Year as we enter the Year of the Dragon...
Julie Man, Partner in the Russell-Cooke Solicitors, private client team.
Julie Man
2 min Read
News

01.02.2024

Private client team news and updates—January 2024

At the start of a new year, whilst reflecting on the year gone by, many people will also start to think about and plan for the future.
Suzanne Mynors, Partner in the Russell-Cooke Solicitors, private client team. Annika Bell, Senior associate in the Russell-Cooke, private client team
Multiple Authors
2 min Read
Suzanne Mynors, Annika Bell
View all News & Insights