Deputies—appointment, duties and powers

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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in

Enforcement of financial orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

20th Oct

Practice notes

Procedure for an application for a non-molestation order

Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...

16th Oct

COVID-19

Practice notes

Child arrangements orders—residence

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Leave to remove—external relocation

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

General principles—spousal and civil partner periodical payments

The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...

26th Sep

Practice notes

General principles of consent orders

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...

26th Sep

Practice notes

Eligibility to apply under TOLATA 1996

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...

26th Sep

Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

FPR 2010, Part 18 applications—procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Child arrangements orders—contact

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

The ground for divorce

Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...

26th Sep

Practice notes

Family law training materials

In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...

26th Sep

Practice notes

Issuing financial proceedings in Form A (standard procedure)

The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...

25th Sep

COVID-19

Practice notes

Child arrangements orders

Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...

25th Sep

Practice notes

Case law relating to TOLATA 1996 claims

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...

25th Sep

Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...

Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Deputies—appointment, duties and powers content

Practice notes

Changing or ending a deputyship

A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The...

25th Sep

Practice notes

Deputyship returns and accounts

For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy...

25th Sep

Practice notes

Financial LPAs and deputyships—comparison of attorney and deputy powers

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...

26th Sep

Practice notes

Health and care LPAs and deputyships—comparison of attorney and deputy powers

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...

26th Sep

Practice notes

Data protection obligations for attorneys and deputies

Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

26th Sep

Precedents

Letter to GP to complete COP3 in connection with deputyship application

Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...

27th Sep

Q&As

Upon the death of a protected person with no personal representatives must the deputy apply to the Court of Protection for a further order to enable him to administer the estate of the deceased protected person?

A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

Is the attorney under a registered Property & Financial Affairs LPA entitled to request and receive either the donor's original Will or a copy of the donor's Will? Does it matter if the donor retains mental capacity at the time of the attorney's request?

A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...

Produced in partnership with Adam Draper of Shoosmiths 28th Sep

Q&As

Where an administrator of an estate has obtained a grant of letters of administration but has since lost mental capacity before completing the administration of the estate, is it possible to make an application to re issue the grant of letters of administration in the name of the administrator’s deputy? If not, would one or more of the beneficiaries of the estate need to apply for a fresh grant in their names?

Where there is a sole administrator who loses capacity (within the meaning of the Mental Capacity Act 2005 (MCA 2005)) after administration'>letters...

Produced in partnership with Gaynor Jackson of Ward Hadaway 28th Sep

Q&As

In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to the Court of Protection is required, is there any issue appointing the other spouse as deputy? Alternatively by analogy with the problems of joint owners and powers of attorney is there an issue?

The identity of a person appointed as a deputy for a person who has lost mental capacity is in the discretion of the Court of Protection. In Re AS,...

Produced in partnership with Helen Galley of XXIV Old Buildings 28th Sep

Q&As

Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of the property of the person to whom the application relates?

This Q&A covers the position where the sale of the property would be non-contentious.When applying for an order from the Court of Protection to...

28th Sep

Q&As

Does an attorney have the right to see a copy of the donors Will where the donor has lost mental capacity?

See the Law Society Practice Note: Access and disclosure of an incapacitated person’s will, which contains detailed guidance on this Q&A.In...

28th Sep

Q&As

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?

Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...

28th Sep

Q&As

Is there a checklist for deputies other than the professional deputy standards checklist?

We are not aware of any other checklists provided for deputies other than the Professional deputy standards checklist referenced in this Q&A.H...

28th Sep

Q&As

Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?

Parental responsibilityFor background, see the Parental responsibility subtopic in the Family module.The section ‘Acquisition by others’ explains that...

28th Sep

Q&As

Does an application for a deputyship order have to be made within a certain time period of a COP3 (assessment of capacity form) having been completed?

It is necessary to consider the procedural requirements, in particular concerning time limits, for making an application to the Court of Protection,...

Produced in partnership with Kate Selway of Radcliffe Chambers 28th Sep

Q&As

How can we appeal to appeal a decision of a local authority to move a client under the court of protection, who has fallen below the funding threshold, to another home where funding levels are cheaper?

Where the client is under the Court of Protection and the client does not have the requisite capacity to make the application themselves, a decision...

28th Sep

Q&As

Where there is an English deputyship order in place in relation to P's property and financial affairs and P owns two properties in the USA, does the deputy need to apply to the Court of Protection here for consent before instructing US lawyers to register the deputyship order in the USA?

The Court of Protection only has jurisdiction over a person or their assets in the following circumstances (section 7(1), Schedule 3 to the Mental...

Produced in partnership with Holly Mieville-Hawkins of Enable Law 28th Sep

Q&As

Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements that need to be satisfied?

Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...

28th Sep

Q&As