Deputy Advice Service

At EMG Solicitors our dedicated Court of Protection team specialise in helping people who, for various reasons, lack the capacity to manage their own financial affairs or make informed decisions about their health and welfare. With one of the largest independent teams in the UK we can advise on any queires at all relating to Court of Protection.

Services for Professional Deputies

The case of ACC has impacted professional deputies ability to instruct other professionals whose services fall outside the general authority of a deputy. ACC also set guidance and cost restrictions in situations where deputies instruct legal services (and / or litigation friend) with which they are associated. The legislation also dictates that a deputy should always be transparent about any potential conflicts of interest and a deputy will also need to apply to the court for authorisation when a case with potential conflict or interests has costs expected to exceed £2000+VAT. A deputy must also seek authorisation from the court to proceed with any contentious litigation work carried out on behalf of the client, unless the case is to be taken to the Court of Protection.

EMG Solicitors are the largest independent Court of Protection team in the North of England and act as Deputy for a large number of clients across the UK. Manageing Director, Emma Gaudern and Head of Court of Protection, Jemma Morland are recognised as leaders in their field and the team is highly ranked in both The Legal 500 and Chambers UK. We provide assistance to professional deputies with applications to the Court to get authority to proceed in these matters.

Health and Welfare

Deprivation Of Liberty Safeguards (‘DOLS’)

We can provide advice and representation if you are concerned about the decisions being made on behalf of an incapacitated relative which may deprive them of their liberty, either before or during Court of Protection proceedings. This could include decisions that are being made for incapacitated individuals about their care, treatment and residence on their behalf to try and keep them safe.

Health and Welfare Decisions/Disputes

Our Court of Protection health and welfare department has experience of acting for family members who are concerned about the decisions being made on behalf of their incapacitated relative. We have experience of representing individuals who lack capacity to instruct solicitors.

Property and Affairs

Best interest decision making advice

If a decision needs to be made where the protected person (P) is not able to do so, we can provide advice to help you make the decision in the best interests of P. This can include assisting in making applications to the courts to approve gratuitous care applications and calculating what is reasonable and affordable to P.

Gratuitous care applications and calculations

We can assist in making applications to the courts to approve gratuitous care payments and can also assist in calculating what is reasonable and affordable to P.

Court applications

Where a deputy has already been appointed and they do not have the authority to make a certain decision, we can assist that deputy make a one-off application to the Court of Protection to obtain authority for that decision. We can also assist where a deputy has not been appointed but a specific decision needs to be made on behalf of an protected person (P), which they cannot make for themselves.

Gift applications

We provide specialist advice in this area and can deal with all necessary permissions from the Court, given the ability to ‘gift’ is often not always included in the standard deputy’s authority.

The Guardianship (Missing Persons) Act 2017

The Act allows families to manage the finances and assets of their missing relative, by applying for a new Guardianship Order, provided the person has been missing for over seven years. If you have a family member, who is missing, we can provide you with all the support you need when dealing with our Guardianship application.


Statutory Wills

Where a family member or friend is looking to act as a deputy for their incapacitated loved one, we can provide support every step of the way. We can assist with making the initial application and provide ongoing support.

Child Trust Fund Access

Young people who lack capacity are unable, under current law, to gain access to their Child Trust Fund unless their families apply to the Court of Protection to be their property and financial affairs deputy. We provide support and advice on accessing Child Trust Funds. Solicitors can offer guidance and assist families who,  understandably, may not be able to cope with a stressful Court process.

We can also offer a raft of legal services to deputies who wish to instruct outside of their own firm. These include:

Family Law & Mediation

  • Child Arrangement applications
  • Special Guardianship Orders
  • Pre Nups / Post Nups
  • Divorce / Financial settlements
  • Separation Agreements
  • Specialist advice financial matters
  • Cohabitation Agreements
  • Mediation


  • Statutory wills
  • IHT Planning


  • Landlord/Tenant advice
  • General disputes
  • Solicitors can offer guidance and assistfamilies who, understandably, may not be ableto cope with a stressful Court process
  • Civil litigation – including contracts,consumer, property and disputes about Wills& Estates
  • Welfare Benefit appeals


  • Advice re-care teams


  • Buying / selling

We’re here to help.

To enquire, please contact your nearest office or email us at [email protected] and we will be in touch.