Deputyship & Court of Protection

We can help you through the complex process of an application to the Court of Protection

It can sometimes be necessary to make an application to the Court of Protection on behalf of a loved one. Where there is no Power of Attorney in place, it may become necessary to apply to the Court of Protection to appoint a deputy. A deputy is similar to an attorney. Once appointed, a deputy is able to deal with assets on behalf of the person who has lost mental capacity. A deputy will act under the supervision of the Court of Protection.

How can we help?

Once we have taken your full instructions, we will prepare all of the documents required by the Court, drafting them to ensure that they are legally compliant. It is necessary to give notice to some family members, as well as the person who is the subject of the application and we carry out this process on your behalf. We then liaise fully with the Court until the Deputyship order has been achieved.

Why choose Wallace Robinson & Morgan?

At Wallace Robinson & Morgan our experienced and friendly solicitors are here to help. The need to apply to the Court of Protection because a family member is losing capacity but has no Power of Attorney in place is an extremely difficult and stressful time. We will provide expert advice and help and guide you carefully through each step.

Legal expertise – We have experienced and knowledgeable solicitors who can provide clear and concise advice.
Tailored advice – Although the Court has certain requirements for each application, the circumstances of your application are particular to your family situation and we recognise this in each separate case.

FAQ’s

Learn more about Deputyship and the Court of Protection with our FAQ’s. Get the information you need to safeguard the interests of vulnerable individuals.

Who can be a deputy?

Family members, unmarried partners and close friends can act as deputies and an application will often be made by the next of kin. The Court of Protection has certain requirements for the deputy’s finances and background which must be met.

How long does a Deputyship application take?

Once the application has been submitted, the Court can take up to 12 months to make the order appointing the deputy. During this time, it may not be possible to access assets held in the sole name of the person who has lost mental capacity.

Can I be paid for being a deputy?

No, but you are able to claim expenses for things that you must do to carry out your role as deputy.

Contact Us for Advice on Your Matter

0121 705 7571

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What to do next?

Book an appointment with our dedicated Wills and Probate solicitors. Our Solihull and Dorridge teams are here to provide expert advice tailored to your needs.Call us at 0121 705 7571 for Solihull or 01564 779393 for Dorridge. Alternatively, fill out the contact form below—your privacy is assured—and we’ll arrange a convenient time to assist you.

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Liam Wdowiak

Head of Wills and Probate Department, Solihull

Liam is a Director specialising in estate administration, Wills, and Lasting Powers of Attorney. An accredited member of the Law Society's Wills and Inheritance Quality Scheme (WIQS), he joined the firm in 2017 and provides a friendly, professional service.

Ruth Nolan

Head of Wills and Probate Department, Dorridge

Ruth is a Director and an accredited member of the Law Society’s Wills and Inheritance Quality Scheme (WIQS), providing tailored Wills and Probate advice to clients.She is also an accredited member of the Association of Lifetime Lawyers (ALL), specialising in legal advice for older people, and a full member of the Society of Trusts and Estates Practitioners (STEP).

Gary Sawyer

Solicitor - Associate - Commercial Property Department and Wills & Probate Department

Gary has been with Wallace Robinson and Morgan since April 2019. He initially worked in the plot sales team before starting his training contract in the family department in January 2020. During his training, he gained experience in property, commercial, corporate, and probate matters and is now an Associate Solicitor.

Uzma Rasool

Solicitor - Wills and Probate Department

Uzma is a solicitor in the Wills and Probate Department. She joined Wallace Robinson & Morgan as a paralegal in 2022 and qualified as a solicitor in January 2024.

Shola Parry

Solicitor - Wills and Probate Department

Shola is a Solicitor in our Wills and Probate department. She joined WRM in 2020 and assisted in our Wills & Probate team as a Paralegal before completing her training contract and qualifying as a Solicitor in August 2025.

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