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Court of Protection Solicitors

If someone can no longer manage their affairs and has yet to create a Lasting Power of Attorney, applying to the Court of Protection may be necessary. This is something our expert team can support you with.

We understand how upsetting it can be when a loved one loses the capacity to make important decisions for themselves, such as if they fall ill or suffer an injury. Applying to the Court of Protection can ensure that you can provide them with the support they need, from helping to manage their financial affairs to their ongoing medical care.

Our Court of Protection solicitors have extensive experience in supporting clients with a range of Court of Protection matters, ensuring that you have all the guidance you need to manage your loved one’s affairs on their behalf effectively.

Our solicitors dealing with the Court of Protection can support you with various matters, including:

  • Court of Protection deputyship applications
  • Advice for Court of Protection deputies
  • Emergency Court of Protection applications
  • One-off decisions
  • Statutory Wills

Speak to our Court of Protection solicitors today

Need help with Court of Protection matters? We have expert Court of Protection solicitors in SouthamptonPortsmouthFarehamChandler’s Ford, and Waterlooville.

To find out how our Court of Protection solicitors can assist you, contact the team on 01329 222075 or email privateclientenquiry@warnergoodman.co.uk.

How our Court of Protection solicitors can help you

Court of Protection deputyship applications

When making a Court of Protection application, there are two types of Deputy you can apply to act as:

  • Property and Financial Affairs Deputy
  • Health and Welfare Deputy

A Property and Financial Affairs Deputy is appointed to manage specific financial matters, such as handling someone’s bank account and paying bills. A Health and Welfare Deputy is responsible for handling someone’s daily routine and healthcare.

You can apply for a Court of Protection Order to be either or both types of Deputy, depending on the support your loved one needs.

Making an application to the Court of Protection can be a complicated process, which is where our solicitors can step in to lend their support, ensuring that all of the appropriate forms are filled out correctly and efficiently.

Advice for Court of Protection Deputies

If appointed as a Court of Protection Deputy, you will have a wide range of important responsibilities. Keeping on top of these responsibilities can be daunting, especially if you have never acted as a Deputy before.

Our Court of Protection solicitors can help you in your role as a Deputy, supporting you with the decision-making process and advising you with the various administrative matters that come with the role.

Emergency Court of Protection applications

There may be a scenario where you need to make an emergency Court of Protection application. For example, this may be because someone requires urgent medical treatment where consent is needed, or a decision must be made quickly regarding paying for medical care.

We can provide prompt guidance if an emergency application is required.

One-off decisions

The scope of a Deputyship Order (or Power of Attorney if in place) is often limited. This means if a decision falls outside of the parameters of the Order, it may be necessary to make a Court of Protection application to approve a one-off decision.

We can guide you through this process, ensuring you have all the information you need for a successful one-time application.

Statutory Wills

When someone has lost mental capacity, they cannot make any changes to their existing Will. If changes are made while lacking capacity, the Will will likely be invalid.

The Court of Protection can amend someone’s Will on their behalf, known as a Statutory Will. Our team supports you with making a Statutory Will to reflect your loved one’s wishes accurately.

Frequently asked questions about the Court of Protection

What is a Court of Protection?

The Court of Protection is a government department that makes financial and welfare decisions for people who cannot make decisions themselves due to a lack of mental capacity.

What does a Court of Protection do?

The Court of Protection is responsible for the following:

  • Deciding whether someone has the sufficient mental capacity to make decisions themselves
  • Appointing Deputies to make ongoing decisions
  • Providing permission for one-off decisions to be made
  • Handling emergency applications for Deputies
  • Making decisions regarding Lasting Power of Attorney or Enduring Power of Attorney
  • Considering applications for Statutory Wills
  • Making decisions related to the Mental Capacity Act
What is a Court of Protection Order?

A Court of Protection Order is a legal document granting a Deputy the ability to decide for the donor.

What are the duties of the Deputy?

Once the Court of Protection has appointed them, the Deputy will be responsible for managing the assets of the person in question and must act in their best interests concerning their wishes.

A prospective Deputy must carefully consider whether or not they are willing to take on the role as it can be demanding and time-consuming.

Who can act as a Deputy?

Any person can apply to be Deputy if they are 18 or older. Close family members usually apply.

However, it is ultimately the Court of Protection’s decision where a Lasting Power of Attorney is absent. They must make the appointment in the best interests of the person who has lost capacity. In some cases, the Court of Protection may appoint a younger family member, perhaps an adult child.

If you have no relatives or your relatives are not willing to act. A friend, neighbour, solicitor, professional advisor, or officer of the local social services may be appointed.

What are Joint and successive appointments?

Occasionally applications are made to appoint more than one Deputy, which is becoming more common. These are usually on a joint and several basis so that the Deputies can act together or individually.

If an elderly spouse is appointed as Deputy, it is sensible to have another younger appointment so the Deputyship can continue uninterrupted if the other cannot act themselves.

What is the procedure for applying to the Court of Protection?

Prescribed application forms (including a medical certificate) must be completed and submitted to the Court with a £365 application fee. Proceedings are not officially started until the Court issues the application, and time limits are by reference to the date of issue of the application.

As the person to whom the application relates, you must be personally notified by the applicant that the application has been issued. They must also notify other persons named in the application, usually close family members.

How does the Court appoint a Deputy?

Unless the application gives rise to any objections, the Court will issue an order appointing the Deputy and will detail the scope of the Deputy’s authority to act. It takes approximately four to five months to give the Order with a fee of £100 per Deputy, payable on the appointment being made.

The Deputy must arrange a security bond and pay an annual premium as part of the Court procedure. The Deputy is not personally responsible for the yearly premium, but this will be paid from the assets of the person the Deputy represents.

The Court will only issue the Order once it has received confirmation from the security provider that the security bond is in place. The Court will send a letter to the prospective Deputy confirming the Court’s intention to make the Order, and they will instruct how to put the security bond in place.

The Court requires the Deputy to give such security as the Court thinks fit for the discharge of his/her functions. The purpose of this security is to ensure that in the event of default by the Deputy, the person being represented does not suffer financially. In most cases, the security is provided by the Deputy entering into a bond provided by the Office of the Public Guardian through insurance brokers. The payment premiums for the bond will be allowed by the Court out of the Deputy’s estate.

The Deputy must also notify the person again to confirm that a final court order has been made.

Supervision of a Deputy

Once the Court has appointed the Deputy, the Office of the Public Guardian is required to determine the necessary level of supervision. The Office of the Public Guardian will charge an annual supervision fee of £320.

The Office of the Public Guardian supervises the Deputy appointed by the Court to ensure they are correctly carrying out their functions. The Deputy must submit an annual account in a mandatory form showing that they have accounted for the person’s money and property and acted in their best interests. This requires sophisticated record-keeping with the formal supervision needed in a particular case set by the Office of the Public Guardian.

As you can see, applying to the Court of Protection to become a Deputy is a costly and lengthy process. However, with the help and support from our Court of Protection specialists, we can help guide you and offer much-needed peace of mind. 

You can also find out more about Court of Protection Deputyships by reviewing the following articles:

Speak to our Court of Protection solicitors today

Need help with Court of Protection matters? We have expert Court of Protection solicitors in SouthamptonPortsmouthFarehamChandler’s Ford, and Waterlooville.

To find out how our Court of Protection solicitors can assist you, contact the team on 01329 222075 or email privateclientenquiry@warnergoodman.co.uk.

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