Court of Protection & Deputyships
What is the Court of Protection?
The Court of Protection deals with the management of the property and financial affairs and health and welfare decisions of people who have difficulty or lack capacity themselves.
The Court of Protection makes decisions about money, property, health or welfare.
If there is a need for decisions to be made on an ongoing basis because the person can no longer make their own decisions, the Court gives these powers to someone else. That person will be their ‘Deputy’.
Deputies are often friends or relatives of the person who needs help.
Applying to become a deputy
We can help you apply to the Court of Protection for permission to become a deputy. There are forms and a doctor’s certificate will be required to confirm to the Court that the person cannot make decisions for themselves.
It is important to know exactly what powers you want to apply for. For example, you might only need the power to help manage money, or to make decisions about medical treatment or care. You will need specific permissions for things such as selling property.
We can help complete the forms correctly to make sure that they can be processed by the Court of Protection.
A solicitor or appointee from the local authority may also become a deputy.
Appointing a solicitor as Deputy
Most often a solicitor is appointed where there is no willing or suitable family member or friend, or if the amount of money involved is very large, or if complicated decisions are to be made.
Deputies make decisions about finances, property, health or wellbeing or any combination of these. Deputies have a huge responsibility and must report to the Court of Protection on a regular basis about the decisions made and the reasons for making them.
The responsibilities of a Deputy can be found in more detail of the Court of Protection website
What we do
Our Court of Protection Solicitors are experts in managing the property and affairs for people who need assistance to make decisions and those who completely lack mental capacity to manage their finances themselves.
When someone lacks mental capacity to look after their own affairs and has not put in place a Power of Attorney before losing capacity, the Court of Protection will appoint a Deputy to look after that person’s affairs. The Deputy must act in that person’s best interests and follow the rules of the Mental Capacity Act.
Our Court of Protection deputies work closely with you, your family, friends and carers to deal with the management of your personal affairs.
We can help you to access the information to help you to make to sound decisions to secure your finances and other affairs for future long term needs and to protect investments for vulnerable individuals. We can also help you to find the right advice on investment and protection for large compensation awards.
This experience is vital in ensuring that we are always acting in your best interests and comply with the Mental Capacity Act 2005 every time a decision is made. It is essential in every large claim that careful consideration is given to the financial, social and welfare issues as well as legal matters throughout the process.
The Court of Protection deputy can assist with matters such as the sale or purchase of property, the making of wills and family law matters.
If someone lacks mental capacity and they have never made a Will or their Will is out of date we can ask the Court of Protection to make a Will for them, known as a Statutory Will.
Our Court of Protection Solicitors can provide legal advice about what options are available and whether a Court application is suitable.