Court of Protection & Deputyship

In certain circumstances, family members and loved ones may no longer have the mental capacity required to make important decisions regarding their finances, which can occur because of learning difficulties, old age and mental health problems or the result of sustaining an acquired brain injury following an accident or medical negligence.

When no Power of Attorney has been granted, the Court of Protection is the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves. The Court makes decisions relating to the property, finances and welfare of people who lack mental capacity and can delegate some of its authority by appointing a Deputy to deal with the person’s finances and personal welfare on their behalf.

What is a Deputy? A Deputy is the person appointed by the Court of Protection to make decisions on behalf of the person who lacks mental capacity. There are two types of Deputy:

1) Property and Financial Affairs; e.g. paying bills, organizing a pension.

2) Personal Welfare; e.g. decisions about medical treatment or where someone lives.

As specialists in Court of Protection matters, we can assist you with dealing with a Court of Protection application. We will explain the options and guide you through the process, which may include helping you to either apply to have a Deputy appointed or we can act as a professional Deputy for a friend or relative who lacks capacity. We can also help existing Deputies make applications to the Court of Protection (e.g. for gifts, statutory wills and property transactions) where necessary.

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