Project Description

Case Study

Concern about a loved one’s finances once they are in a Care Home

As well as having considerable expertise in preparing Wills, at Roche Legal we also assist clients with other matters such as obtaining a Deputy Order for when a relative is going to live in a care home. You can apply to become someone’s deputy if they ‘lack mental capacity’.

This means they can’t make a decision for themselves at the time it needs to be made or they may still be able to make decisions for themselves at certain times.

Action taken

Application to Court of Protection for a Deputyship Order.


Order permitting client to manage and make decisions in relation to loved one’s finances.

How this helped

People may lack mental capacity if, for example:

  • they’ve had a serious brain injury or illness;
  • they have dementia;
  • they have severe learning disabilities.

If you apply to be a deputy, you will be authorised by the Court of Protection to make decisions on their behalf.

There are two types of deputy:

  • Property and Financial Affairs, for example paying bills, organising a pension, etc;
  • Personal Welfare, for example making decisions in relation to medical treatment and how someone should be cared for.

There is a £385 application fee to pay and this must be paid twice if you are applying to become both types of Deputy. It is possible to apply to be just one type of deputy or both and if you are appointed, you will receive a court order which will state what you can and cannot do. Whether you require help with obtaining a Deputy Order, or you need guidance on obtaining a grant of probate, do not hesitate to contact us for advice and assistance.

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