If an individual has started to lose or has lost mental capacity, it can be very difficult for their family to take control of decisions concerning their finances and welfare. The Court of Protection exists to safeguard vulnerable people who lack the mental capacity to make decisions for themselves regarding their finances or health and welfare.
The Court of Protection requires stringent compliance by a Deputy to the administrative standards set by the Court. Our team can help you if you need to make a Deputyship Application to the Court of Protection including its preparation, progression, issue at Court and ensure that the people who must be notified about the application are told in good time. We can assist Deputies with ongoing compliance, the preparation and submission of the annual return, and maintenance of the Deputy’s security bond.
The Court of Protection is a special Court which is set up to assist those who are unable to make decisions about their property and financial affairs or health and welfare decisions (where they have not made or could not make lasting or enduring powers of attorney). In these circumstances, the Court of Protection has the power to appoint a Deputy to make decisions if a person lacks capacity to decide for themselves.
If the court makes a Deputyship Order, it will set out the Deputy’s specific powers and there remains an ongoing duty for the Deputy to assess whether the person has capacity to make each separate decision as it arises.
There are two types of Deputyship Order:
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