The Role of a Deputy

A deputy is appointed by the Court of Protection to manage either the property and affairs (i.e. finances) and/or health and welfare matters (i.e. decisions over where to live, what medical treatment to receive) of someone else.

The Court then monitors the deputy every year to make sure they are carrying out their role properly.


Who should be a deputy?

Anyone can be a deputy – it could be a friend or family member of the person lacking capacity, or it could be a professional person. 

At BHP we have two partners and two solicitors who regularly act as professional deputies for clients. Sometimes, this is because there is just no-one else willing and able to do it. However, in many of our cases it is because the client has been injured in an accident and they are making or have made a claim for compensation. Often the compensation in a case such as this can run to hundreds of thousands, or even millions, of pounds and therefore the family feel that having a professional, who is used to handling such large sums of money, is the best way forwards. It allows the family to get on with everything else they are doing in their lives (such as caring for the person who is making the claim), and means they don’t have to worry about looking after large amounts of money.

Although managing millions of pounds doesn’t sound like too much of a headache, it can be a real problem! For example, some clients have a professional care regime in place which costs over £200,000 a year to run. When combined with the cost of therapies, disabled equipment and other living expenses, the money can begin to run out quickly. This is why using a professional to manage the money received in a compensation claim can be so important – the family can leave the worrying about money and budgeting to someone else.


But I don’t like the idea of losing control over my money

Many people are worried about using a professional deputy because they feel like they will lose control over their money. However, a good professional will make your life easier, not harder. They will sit down with you and discuss with you what you need financially, and how they can best help you. They will give you a telephone number where you can be reached at any time, plus their email address. They should make you feel like they are always on hand if you need them, and that they are part of your team working towards achieving your goals.

At BHP Law we follow these principles – we work hard with you and the people important to you, to create a supportive lifestyle that you can enjoy and an environment in which you can thrive. If you need a deputy, or are unhappy with how your current deputy manages things for you, give one of our team a ring and we will do our best to help.


Contact us

If you would like to have a free no obligation chat about your options or how we may be able to help you or a member of your family, please call us today on 0800 590 019 or contact us directly at your local office in either Newcastle, Darlington, Durham, Tynemouth or Stockton in Teesside.

Alternatively you can fill in the online enquiry form and a member of our team will either call you back or email you regarding your enquiry as soon as possible.


Karen Pratt Partner
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