Court of Protection Solicitors

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.

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

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

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.

Any person can apply to be a 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.

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.

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.

Typically, the Court of protection procedure should take between four and six months. However, this time frame can be extended if any of the people who have been notified object to the Deputyship application, as the resulting dispute can take months to resolve.

After submitting the correct documents and informing all of the appropriate people within 14 days, there is a two to three-month wait before the Court authorises the Deputyship order.

If you are applying for an urgent Court of Protection order, these can be resolved within 24 hours.

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.

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 a mandatory annual account 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.