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Court of Protection applications

Court of Protection applications (including deputyship applications)

The Court of Protection was established by the Mental Capacity Act 2005 (MCA 2005). It is a specialist court that has jurisdiction to make financial and welfare decisions on behalf of people who are mentally incapable of making those decisions for themselves.

The Court of Protection can appoint a deputy to help someone who is unable to manage their own affairs

In the situation where a person who has not already made an enduring or lasting power of attorney loses capacity, an application would need to be made to the Court of Protection to authorise someone to help with that person’s affairs.

Dealing with the Court of Protection can be time consuming and require a lot of paperwork.  Our expert team can help you deal with the Court of Protection and make the experience less stressful for all involved.

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Frequently Asked Questions

  • What does the Court of Protection do?

    The Court of Protection will decide whether a person has capacity to make financial or welfare decisions.  Evidence will be required in an application to the court that the person lacks capacity to make the decision or decisions in question.   The tests for capacity are set out in the Mental Capacity Act 2005 ss2-3.  

    If the court concludes that a person lacks capacity and that the court needs to take action, it has wide powers available and can:

    • Make declarations, directions and orders on financial and welfare matters affecting people who lack capacity to make such decisions.
    • Appoint deputies to make decisions for people who lack capacity to make financial or welfare decisions for themselves.
    • Recognise and enforce a foreign protective measure so it can be used in England and Wales. 
    • Remove deputies or attorneys who fail to carry out their duties properly.
    • Decide whether an enduring or lasting power of attorney is valid.
    • Make orders in relation to a person’s deprivation of liberty
  • What is a deputy?

    A deputy’s role is similar to that of an attorney. A deputy can be appointed for both property and financial affairs or for personal welfare decisions, although in practice it is very rare for a personal welfare decisions deputy to be appointed.

    Property and finance deputies manage the financial affairs of the person who can no longer make their own decisions. The scope of the decisions that the deputy can make is set out in the deputyship order that the court issues.

    A deputy’s role is a very responsible one.  As a deputy you will be supervised by the Office of the Public Guardian.  We can help with the yearly accounts that are generally needed and provide guidance and support for a deputy.

  • What is involved in being a deputy?

    Acting as a deputy is a serious task and a deputy should manage the finances of the subject of the deputyship order carefully. Yearly accounts need to be compiled and sent to the court for approval. It may be required for the deputy to deal with the sale of the house of the person subject to the deputyship order and deal with the investment of any funds created by this. A deputy should seek professional advice when dealing with this.

  • What can a deputy do?

    The deputy’s decision making powers are limited by the terms of the deputyship order. They generally allow the deputy to manage the person’s finances as if they were that person themselves, but there are normally restrictions of the buying and selling of freehold or leasehold property which would require a further order of the court. 

    A deputy has to act in the best interests of the person whose money they are managing and has to follow any directions that the court provides.

    For more information on how we can assist where a deputy has been appointed click here [hyperlink to assistance in later life]

  • How can we help?

    Applications to the Court of Protection require a number of specific forms to be completed and the court’s procedures will need to be followed to obtain an order. We can guide you through the processes and assist you with the completion and submission of the forms (which can include serving notices on interested parties).

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