LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Deputies—appointment, duties and powers

View Family by content type:

News
Practice notes
Precedents
Q&As

Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
Read More >
19th May
tag iconCOVID-19
Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
Read More >
19th May
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
Read More >
19th May
Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
Read More >
19th May
Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
Read More >
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
Read More >
19th May
Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
Read More >
19th May
Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
Read More >
19th May
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
Read More >
19th May
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
Read More >
19th May
Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
Read More >
Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
Read More >
19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
Read More >
19th May

Most recent Deputies—appointment, duties and powers content

Practice notes

Choosing the deputy

Choosing the deputyAlthough the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always...
Read More >
18th Aug
Practice notes

Application to appoint a deputy

Application to appoint a deputyAlthough the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this...
Read More >
18th Aug
Practice notes

Deputyship returns and accounts

Deputyship returns and accountsFor all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and...
Read More >
Produced in partnership with Patricia Wass, Holly Miéville-Hawkins and Nikki Bedford of Enable Law, part of the Foot Anstey LLP group 18th Aug
Practice notes

The deputyship order

The deputyship orderOrder appointing the deputyUnless the application and notification procedure give rise to any queries or objections, and provided...
Read More >
18th Aug
Practice notes

Changing or ending a deputyship

Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is...
Read More >
Produced in partnership with Thomson Snell & Passmore 18th Aug
Q&As

How should we proceed in relation to documents that can only be signed personally by the appointed deputy, where that is an individual who is self-isolating or working from home in accordance with government guidance?

How should we proceed in relation to documents that can only be signed personally by the appointed deputy, where that is an individual who is...
Read More >
18th Aug
tag iconCOVID-19
Practice notes

Data protection obligations for attorneys and deputies

Data protection obligations for attorneys and deputiesThe UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December...
Read More >
Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law 16th Aug
Practice notes

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

Health and welfare LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office of the...
Read More >
16th Aug
Practice notes

Practical first steps on deputyship appointment—health and welfare deputy

Practical first steps on deputyship appointment—health and welfare deputyThis Practice Note provides a practical guide to the initial steps that a...
Read More >
16th Aug
Practice notes

Deputyship—the deputy’s duties and powers

Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the...
Read More >
16th Aug
Practice notes

Practical first steps on deputyship appointment—property and affairs deputy

Practical first steps on deputyship appointment—property and affairs deputyThis Practice Note provides a practical guide to the initial steps that a...
Read More >
15th Aug
Practice notes

Property and financial affairs LPAs and deputyships—comparison of attorney and deputy powers

Property and financial affairs LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office...
Read More >
15th Aug
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?

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...
Read More >
Produced in partnership with Kate Selway of Radcliffe Chambers 15th Aug
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?

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...
Read More >
Produced in partnership with Holly Mieville-Hawkins of Enable Law 15th Aug
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?

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...
Read More >
15th Aug
Q&As

Can someone with a criminal record apply to be a deputy to the Court of Protection?

Can someone with a criminal record apply to be a deputy to the Court of Protection?Practice Note: Choosing the deputy, explains who may make an...
Read More >
15th Aug
Q&As

Where the Court of Protection has made an order appointing a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (MCA 2005), but P has, in the opinion of their solicitors and medical advisers, testamentary capacity, can P make a valid Will without first seeking a declaration of testamentary capacity under MCA 2005, s 15(1)(a)?

Where the Court of Protection has made an order appointing a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (MCA 2005), but P has, in...
Read More >
15th Aug
Q&As

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs and exercise the same powers of management and investment as the beneficial owner, does this authorise the Deputy to sell the protected person's home?

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs...
Read More >
15th Aug
Q&As

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

Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?Parental responsibilityFor background, see the...
Read More >
15th Aug
Q&As

What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?

What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?See Practice Note: Choosing the...
Read More >
15th Aug

Popular documents

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also

Reserved judgments

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be