Court of Protection Applications

The Court of Protection is a Court created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of those who lack mental capacity to make decisions for themselves.

The Court can become involved in someone’s affairs where one off decisions are needed, disputes need to be settled involving someone who lacks mental capacity or where someone needs the assistance of a Deputy to decisions long term.

An application to the Court of Protection for the appointment of a Deputy is needed where the person lacking capacity did not prepare Lasting Powers of Attorney (or an Enduring Power of Attorney) whilst they had capacity, or because they never had the required capacity to do so.

The Court can also become involved where these documents do exist, perhaps because there is a disagreement about how they are being used or because the documents are defective in some way.

What is a Deputyship application?

An application can be made to the Court of Protection for the appointment of a Deputy where someone lacks mental capacity and needs someone else to manage and make decisions in relation to their finances and/or health for them.

The person appointed by the Court is known as the “Deputy” and is often a relative or friend. Professional deputies, such as Solicitors can also be appointed.

What does a Deputy do?

Once appointed, the Deputy is the person with the legal authority to make decisions on behalf of the person lacking capacity – and these decisions must always be in the best interests of the person lacking capacity.

The role is similar to that of an Attorney appointed under a Lasting or Enduring Power of Attorney, but it is often more onerous one due to the supervisory requirements of the Office of the Public Guardian – who are the administrative arm of the Court of Protection.

How do you make a Deputyship application?

The Court has forms that it requires the person applying to fill in to tell them all about the person lacking capacity and their finances and/or health. A mental capacity assessment is needed to confirm that the person does indeed lack mental capacity.

The applications can take up to a year to progress through the Court system and they can be costly.

For further information regarding the above or if you would like to discuss a Wills & Probate related query with one of the team, please call us on 0800 011 6666 or e-mail the team at legal@timms-law.com.