The Court of Protection was introduced following the implementation of the Mental Capacity Act 2005. The purpose of the Court is to protect those who are no longer mentally capable of making decisions for themselves.
The Court is able to make Deputyship Orders to protect vulnerable people, who have lost mental capacity and who are therefore incapable of making their own decisions. This lack of mental capacity could be due to various factors such as a brain injury sustained in an accident, an illness or disease such as a brain tumour, Dementia, or Alzheimer’s Disease. It could be that the individual has never had mental capacity due to severe learning difficulties like Autism and that an order has never before been required due to the person’s age or circumstances.
Deputyship Orders appoint a Deputy, usually a family member or perhaps a close friend of the vulnerable person, who for the purposes of the application is called ‘P’, to make decisions in P’s best interests regarding financial matters or matters of health and welfare, or even both, for example deciding to sell P’s home or distributing their finances to pay for healthcare.
The Court of Protection is able to make many decisions under a Deputyship order in accordance with what is appropriate for P in each individual case. For example:
Unfortunately applying for Deputyship is a long winded process due to the Court’s backlog of cases. Prior to the submission of the application there are multiple lengthy, and complex forms to complete. These forms can be rather daunting and do take a long time to complete, adding to the length of time the process can take.
In our Private Client Department, we have specialist lawyers who are familiar with the Court of Protection forms and the application process. We can ensure that the forms are complete and correct and are done quickly to prevent delays. Visit our case studies to read about how we supported a past client, Mrs Smith, throughout her Court of Protection application.
Often, in Court of Protection matters, Deputyship Orders are sought to sell a property in order to fund care. Our in-house Private Client and Conveyancing Departments therefore regularly liaise with one another to ensure that both departments have all that is required to make sure that a sale is able to go through as soon as possible once the Court order has been granted. The Departments are only a few metres down the hallway from one another at our easy to reach Crosby office which has ample parking facilities and is wheelchair accessible.
Choose our dedicated team of Court of Protection Solicitors to help when it comes to applying to the Court of Protection or for a Deputyship.
To get in touch with our team, fill in the contact form below to get in touch with us or call us on 03300 167 847.
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If the vulnerable person made Lasting Powers of Attorney for Health and Care and Property and Financial Affairs (LPAs) before losing mental capacity then the Attorneys appointed under the LPAs are able to make decisions for the vulnerable person. We highly recommend that people who have mental capacity make LPAs when they are able to as once they lose mental capacity they can no longer make LPAs.
Black Norman canWe are of course here to help if LPAs have not been made and if the Court of Protection route is the only avenue left.
A Statutory Will is made and signed by the Court of Protection which can be put in place if someone is not mentally capable of making a will themselves or their will is out of date and circumstances change, however, they can be costly and the focus of them should be to act in an individual’s best interest.
If your case is clear, the process can take roughly one year. This is why it’s important to speak to a Solicitor to ensure that the process is as smooth as possible by avoiding mistakes or not providing sufficient information on the Court Application forms.
We cannot give an exact quote as each situation is different, and we want to ensure that we can address the specific needs of our clients. For example, some may be further along in the application process than others. However, you can learn more about our charges on our website or contact us to discuss further.
