The ability to make decisions about our own welfare, finances, and property is fundamental to adult life. However, when illness, accident, or disability removes this capacity, the legal framework provided by the Court of Protection (COP) steps in to protect the most vulnerable members of society.
Here at Clapham & Collinge LLP, our specialist Court of Protection team is dedicated to safeguarding the interests of clients who have lost mental capacity. We are extremely proud to announce the successful re-appointment of Partner, Lin Whitehead, to the highly select panel of Office of the Public Guardian professional deputies, reaffirming our commitment to excellence in this critical area of law.
The Court of Protection: A Legal Safety Net
The Court of Protection is responsible for all matters relating to people who lack the mental capacity to make specific decisions for themselves (known legally as ‘P’).
The Court’s work covers two main areas:
1) Welfare Decisions: Matters concerning medical treatment, residence, and day-to-day care.
2) Property and Affairs Decisions: Managing financial assets, investments, property, and paying bills.
The Court applies the fundamental principle of the Mental Capacity Act 2005. Any decision made on behalf of ‘P’ must always be in their best interests, and efforts must be made to involve ‘P’ in the decision-making process as far as possible.
The Role of a Deputy: Stepping in When Capacity is Lost
When a person lacks capacity to make decisions which need to be made, and no Lasting Power of Attorney (LPA) is in place, the Court of Protection appoints a Deputy to manage their affairs. This role is one of profound trust and responsibility.
A Deputy is appointed by a court order that specifies their powers, which may cover finances (Property and Affairs Deputy) or personal care (Health and Welfare Deputy). The Deputy’s duties are continuous and require the highest degree of diligence and transparency, including a duty to report regularly to the Public Guardian.
While a family member or friend can be appointed as a Deputy, the Court will often appoint a Professional Deputy when:
- The person’s estate is large or complex.
- There are conflicts or disputes among family members.
- The person requires a high-level legal expertise in managing their finances.
The Distinction: What is a Panel Deputy?
A Panel Deputy represents the pinnacle of professional service within this field. The Office of the Public Guardian maintain a select list of experienced solicitors, accountants, and
barristers to act as a ‘deputy of last resort’ – that is, when no other family member or professional is suitable or available.
A Panel Deputy and their firm must undergo a rigorous application process to be accepted onto this panel. This process requires demonstrating:
- Exceptional experience: extensive proven expertise in complex COP cases, including formal qualifications and a commitment to continuing professional development for the Deputy and their staff.
- High standards: robust infrastructure, case management, and financial compliance.
- Client care: A track record of putting vulnerable clients’ best interests first.
The Significance of Re-Appointment
The successful re-appointment of Lin Whitehead to the Panel of Professional Deputies is not just a personal achievement; it is a powerful reflection of the quality and stability of the entire Court of Protection team at Clapham & Collinge LLP.
This successful re-application marks the start of Lin’s second consecutive 10-year term on the panel. Her continued appointment confirms that our firm not only meets the exacting standards set by the Office of the Public Guardian, but has maintained that standard over many years, demonstrating an unparalleled dedication to delivering the highest quality of professional deputyship services across the country.
How Clapham & Collinge can help
At Clapham and Collinge, we have long-standing experience in Court of Protection Deputyships. If you require advice regarding a new deputyship application, the management of an existing deputyship, or any matter relating to the Court of Protection, please contact our team on 01603 693510 or enquiries@clapham-collinge.co.uk. With offices in Norwich, Sheringham and North Walsham, we support clients across Norfolk and beyond.
Norwich
Tel: 01603 693500
Sheringham
Tel: 01263 823398
North Walsham
Tel: 01692 660230