Court of Protection Applications
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The Court of Protection is a specialist Court designed to deal with all issues relating to individuals who do not have the mental capacity to make specific decisions themselves. The Court can make one-off decisions about a person’s money, health, or welfare, and it also has the power to appoint someone else i.e. a relative, close friend, or Solicitor to be a “Deputy” with the authority to make decisions on the individual’s behalf on a long-term basis.
What Decisions Can The Court Of Protection Make?
The Court can make decisions on a wide variety of issues that the individual cannot make for themselves, whether because they have suffered an injury or a stroke, or have a learning difficulty or otherwise lack the mental capacity to make these decisions independently. Decisions the Court can make include:
- Who should be appointed a Deputy, and what powers they should have
- Judging whether a Deputy has acted appropriately and if they should be removed
- Whether an individual is being deprived of their liberty
- How disputes between interested parties around living arrangements and medical treatment should be resolved
- Whether it is appropriate for a will to be made on behalf of the individual
When a Deputy is appointed by the Court, they are granted the power to make day-to-day decisions on behalf of the individual in question. These can include:
- Financial affairs, such as arranging direct debits and collecting benefits
- Property-related issues, such as arranging rent or mortgage payments and paying utility bills
- Health and welfare arrangements, such as what care the individual will receive
What Is The Court Of Protection Application Process?
If a loved one does not have the ability to make decisions on their own, you can submit a Deputyship application to the Court to become a Deputy and make decisions on their behalf. This involves filling out a number of forms relating to the different powers the Court can grant – from decisions related to finance to those related to healthcare. You will also need to provide a doctor’s certificate to confirm that the individual has undergone a capacity assessment and lacks the mental capacity to make decisions independently.
What We Can Offer You
Applying to the Court of Protection is a complex process with many formal requirements, and mistakes can lead to delays. If you require help completing these forms our knowledgeable team of legal experts can help. We can also offer broader advice on what Deputyship will involve and what powers it would be appropriate for you to apply for.
Our Private Client team have years of experience helping our clients gain the powers necessary to make decisions in the best interests of their loved ones. We offer an empathetic and knowledgeable service throughout the application process and beyond.
Our Past Cases
Below are some examples of Court of Protection applications our Private Client team have issued in the past:
- Made an application for attorneys acting under a registered Lasting Power of Attorney who sought an Order to enable them to make substantial gifts from the donor’s estate for inheritance tax planning purposes.
- Prepared an application for an individual who was already appointed as a Deputy and sought an Order that a Statutory Will be made for the person who lacked capacity.
- Applied to the Court of Protection to be personally appointed as a Deputy for a person who did not have any family members who were willing to be appointed.