JE Bennett Law specialise in Deputyships. We are always willing to assist lay deputies and acting as a professional deputy for clients is the mainstay of our business. Read on to find out more about Lay and Professional Deputies or contact us to discuss how we can help you.
A lay deputy is usually a family member of a person who lacks the ability to make decisions for themselves. People may lack mental capacity because:
A prospective lay deputy makes an application to the Court of Protection to become a deputy for the person in question. If successful, the applicant is empowered to make decisions on their behalf. Attention is needed to clarify whether the lay deputy needs to make just one or two significant decisions requiring a decision or declaration from the Court. In these circumstances an interim Order will be needed.
If global decisions are required, this will need a general widely drawn Order.
A lay deputy can request authorisation for property and affairs or health and welfare decisions to be made.
There are 2 types of deputy:
property and financial affairs
For example paying bills, buying or selling a house
For example making decisions about medical treatment; where it is in someone’s best interests to live and regarding contact with certain individuals such as parents.
It is also possible for the Court of Protection to appoint a professional deputy. This is particularly important and more likely if for example an attorney under a power of attorney has abused their role and has abused the person who gave them the power (the donor) financially and/or in relation to their care. A professional deputy has the skills and expertise to deal with the challenges of the role. As a panel deputy, Jane and the team frequently act where donors of Enduring or Lasting Powers of Attorney have been abused financially, or regarding their care. The team assists the Public Guardian in its investigation into wrongdoing regarding the vulnerable party’s affairs.
Where Jane acts as deputy, she and the team will always try to work with the person’s family at all times, but it is important to note their obligations are first and foremost to the vulnerable pers
The team advises on all aspects of Court of Protection work and the role and duties of deputies. Jane handles deprivation of liberty matters including advising lay deputies around these issues, and what amounts to a deprivation and in what circumstances.
Jane and the team also adhere to the regulatory guidance released by the Public Guardian, which requires proposed expenditure and prospective annual costs to be submitted to the Office of the Public Guardian a year in advance, and is alive to the need to review capacity in accordance with the Code of Practice which accompanies the Mental Capacity Act 2005. In particular, they consider on an ongoing basis whether deputyship is still required, or whether the person may or should be discharged from the auspices of the Court of Protection.
Duties as a professional deputy often include:
I would like to thank Jane Bennett for the expert help I received from her in a delicate matter surrounding Lasting Power of Attorney and the loss of capacity of a family member. Jane was able to draw on a wealth of specialist knowledge and experience both to guide me and, when needed, to act decisively. At each stage of the process, I have felt listened to, supported and treated with the upmost professionalism and warmth, not only by Jane but by all those I encountered at Jane Bennett Law.
"Thank you for all the work you have done for me over the years"
"Sought the assistance of J E Bennett Law when seeking a Deputy Application, followed by a Second Trustee Application. The, advice service and support I received throughout was exceptionally impressive, leaving me reassured and confident that all was being done to expedite the applications and bring the matters to a timely and successful conclusion. No question or concern was too small for my solicitor Lorna who was always considerate and genuinely supportive. I would highly recommend J E Bennett Solicitors, especially Lorna. I will be looking to use their services again in the future."
'Highly professional service at a fair price. An experienced and user-friendly team'
'A very strong team ethic as the practice has developed over the last few years. Jane Bennett is a leading industry figure, with a strong business acumen built upon excellent client care. Lorna Halfpenny-Beeby is a rising star of the team'
'Jane Bennett is always prompt and deals with instructions efficiently. She is helpful and approachable. I value her professionalism and turnaround times in cases where things can be a bit last minute. Jane always delivers for us.'
'Richard is very practically involved with his clients. He is highly respected by clients and professionals alike. Richard is very approachable and is obviously highly skilled and knowledgeable'
'Lorna is infectiously passionate about promoting independence and is happy to think outside the box in ensuring her clients have access to the necessary support and rehabilitation services. Her approach is one of someone highly skilled in her field. Lorna remains professional at all times and nothing seems too much'
Jemma (Cahan) is a first-class solicitor who can be relied upon to do her very best for those she represents.