Applying for Court of Protection Deputyship
Are you worried that a loved one can’t cope and is having real difficulty in making important decisions regarding their finances and welfare? Do you have family member living with Dementia?
In certain circumstances, when individuals no longer have the mental capacity to make important financial decisions, a judicial body called the Court of Protection becomes responsible for decisions on that persons behalf.
What does a Court of Protection do?
The Court of Protection makes decisions for people who are unable to do so for themselves. It can also appoint someone (called a deputy) to act for people who are unable to make their own decisions. These decisions are for issues involving the person’s property, financial affairs, health and personal welfare.
The Court of Protection can:
Decide whether a person is able (‘has capacity’) to make a particular decision for themselves
Make decisions on financial or welfare matters on behalf of people who are unable to do so
Appoint a deputy to act for someone who is unable to make their own decisions
Remove deputies or attorneys who fail to carry out their duties
Decide whether a Lasting or Enduring Power of Attorney is valid
Hear cases concerning objections to the registration a Lasting Power of Attorney or Enduring Power of Attorney
Why you might need to apply to the Court of Protection
There are a number of reasons why you might need to apply to the Court of Protection. You might want to ask the court to make a decision about someone’s property and financial affairs or their health and welfare. You may need to make a will on behalf of someone. Also, if you think someone is financially abusing a relative or friend, you can object to the registration of a power of attorney.
There are decisions you can make without applying to the Court of Protection. If you care for someone who lacks capacity, you can make certain small decisions for them without asking the Court of Protection. These include some decisions around personal care, healthcare, or other treatment – provided that it is carried out in the best interest of the person.
Who Can Be A Court of Protection Deputy?
Deputies are usually relatives or close friends of the person who needs help to make their important decisions. Depending on your relationship with that person and what decisions you are asking to make, you might need the Court’s permission to apply to become a deputy.
A deputy could also be a solicitor, a solicitor is usually appointed if there is no suitable family member or friend who could make the right decisions in the best interests of the person needing help.
Anyone who is faced with the prospect of dealing with the courts is going to be daunted – they are a scary prospect. Add this to the fact that you have a loved one who can no longer make decisions for themselves and you have an urgent need to make decisions and you can see why professional help is often welcomed.
The forms and terminology that the courts use can be confusing, it can seem that they are asking for the same information over and over again. The process can be long and inflexible.
At Will and Probate Services we know how the courts work, what to say on the application, what applications to make to have the greatest prospect of a quick successful result. If you need help make an appointment with one of our advisors and take the stress out of your situation.
The Key benefits of using Will and Probate Services to help you with your Court Application –
- Help with the complex application forms and terminology.
- Advice on dealing with Personal Finances and / or Personal Welfare.
- Avoids the need to represent yourself in court in the majority of cases.
- Inexpensive, Practical solution for a potentially complex situation.