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Court of Protection

If someone has lost capacity they cannot make a Lasting Power of Attorney. Instead, someone has to apply for a Court Order to be appointed as a Deputy to deal with their affairs. This is done through the Court of Protection.

Court of Protection

The Court of Protection is a specialist Court which helps people who are mentally incapable of making their own decisions. The Court has the authority to appoint a Deputy or Deputies and it gives them the power to make decisions on behalf of a person who can no longer manage their affairs.

The Court can make various orders including Deputyship orders to manage property and financial affairs and Trustee order to sell joint property.

The Court is very reluctant to intervene with Health and Care decisions and it is very difficult to apply to the Court of Protection for such applications.

A Deputy can be anyone over 18 who has the required skills to be able to make decisions for someone else. Friends or family are usually appointed, but professionals, such as Williamsons Solicitors, can be appointed too, especially if there are substantial finances involved. Becoming a Deputy carries a huge responsibility with requirements for ongoing supervision and record keeping. Furthermore, if a Deputy deliberately mistreats or neglects the person, they can be fined or sent to prison for 5 years.

WHEN A DEPUTY MAKES A DECISION, THEY MUST:

  • Ensure it is in that person’s best interests;
  • Apply a high standard of care, which might mean involving other people and getting advice from relatives and professionals;
  • Do everything they can to help the other person understand the decision;
  • Add the decisions to an annual Deputy report

Contact Williamsons Solicitors on 01482 323 697.

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Will & Probate Team

Rebecca
Bisby

DIRECTOR
CHARTERED LEGAL EXECUTIVE
HEAD OF PRIVATE CLIENT DEPARTMENT

Tracy
Martin

SOLICITOR
TEP

Madeleine
St John

SOLICITOR

Rachael
Scott

SOLICITOR

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