Seeing the health and mental capacity of a loved one deteriorate whether as a result of old age, illness or personal injury can be distressing to witness, and consequently they may become unable to make important decisions regarding aspects of their life.
By becoming a deputy for your loved one, you are able to make those decisions on their behalf and ensure that their interests remain protected.
With some forward planning and preparation an individual can make a Lasting Power of Attorney, assigning a trusted family member or friend to act as their attorney and make arrangements for them in the event that they lack capacity. If there is no Lasting Power of Attorney in place, an application would have to be made to the Court of Protection to appoint a deputy to make decisions for someone who lacks mental capacity.
As a deputy you can make decisions about the management of a person’s property and financial affairs and sometimes in more specific circumstances, health and welfare. This includes acting in the best interests of the person who lacks capacity and recording all money spent and received on their behalf.
At Rotheras our private client team have considerable experience in assisting clients with Deputyship and Court of Protection applications. We understand how complex and lengthy the process of making an application can be, and we will be there to advise and guide you through each step.
Why use Rotheras for Deputyship and Court of Protection?
We have significant experience in acting for a wide range of matters, from straightforward cases to more complex matters.
We can advise you on the duties and responsibilities of being a deputy and support you in managing the affairs of your loved one.
We can assist with making an application to the Court of Protection for deputyship.
We can act as a professional deputy in situations where no family member wants to take on the role or there is no one suitable to act as deputy.
We work in partnership with Derbyshire Carers Association and Age UK Nottingham & Nottinghamshire as well as a number of other Charitable organisations to offer free legal advice to carers, including guidance relating to deputyship.
Where lack of capacity is due to a personal injury, we can draw on the experience of our personal injury team to provide you with expert advice and support.
We have significant experience of dealing with Court of Protection applications in the Supreme Court.
We will work with you to discuss your or your loved one’s circumstances so we have a greater understanding of your or their needs.
We can also provide support and assistance relating to applying for authority to make a statutory will, the sale, purchase or adaptation of a property and applying for authority for gift or tax planning purposes.
We will advise and support you from start to finish and keep you updated on progress at all times.
We can help you with:
- Court of Protection applications
- Deputyship advice
- Deputyship disputes
- Statutory wills
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Head of Wills and Probate
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Christina‘s expertise covers a full range of private client services including Wills, Probate, Trusts, Care Fees Planning, Power of Attorney, Court of Protection, Tax Planning and Conveyancing.
Jeremy Allen is a Wills, Probate and Trusts specialist at Nottingham based law firm Rotheras Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.
Karen Hayward is a partner and Chartered Legal Executive at Nottingham-based law firm Rotheras Solicitors, with over 20 years’ experience in Wills, Probate, Lasting Powers of Attorney and Court of Protection applications. Karen is based at our Beeston office.
Jayne Smith leads the Wills and Probate department at Nottingham based Rotheras Solicitors and is currently based in our Wollaton office.
Nelissa has over 17 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. An experienced Senior Associate with a demonstrated history of working in the legal services industry. Skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.
Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rotheras Solicitors and is based at our West Bridgford office.
Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rotheras Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Wollaton office
James Briggs is an associate and private client solicitor at Nottingham-based law firm Rotheras Solicitors.
Adam’s expertise covers a wide range of services including drafting Wills, preparing Power of Attorney documents, Probate and Court of Protections applications.
Sarah Singh is a trainee solicitor within Rotheras Wills, Probate & Trusts department and is based at the firm’s Mapperley office.
Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.
Kirsten Wood is a Senior Associate with over 18 years’ experience based in Rotheras’ Wills and Probate department and specialises in will drafting, tax, trusts, estate administration and lasting powers of attorney.
Sharon Fleckney is a Paralegal in Rotheras Wills and Probate department and is based at the firm’s Lace Market Office.
Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.
Brett James is a Conveyancing and Wills and Probate Paralegal at Rotheras Solicitors and is based at our Lace Market office.
Michelle Kingston is a Paralegal in Rotheras Wills and Probate department and is based at our Long Eaton office
Sue Radford is a Paralegal in Rotheras Wills and Probate department and is based at the firm’s Beeston Office.
Laura has over 16 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Lace Market office. An experienced Associate with a friendly, hands-on approach to clients.
Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of exeperience in private client work. Melissa is based at our Nottingham City Centre offices.