Court of Protection & Deputyship
Help is at hand when a loved one can no longer make sound decisions.
The Court of Protection deal with the financial and personal affairs of persons who lack the requisite mental capacity to make decisions themselves.
A person’s mental capacity refers to their ability to make a decision when it needs to be made. This can be affected in many ways, for example through an accident or illness.
When this happens, and if a person has not already have a power of attorney, then an application can be made to the Court of Protection for the appointment of a Deputy.
There are two types of deputy:
- A property and financial affairs deputy can access bank accounts, manage bills, and sell property to pay for care.
- A personal welfare deputy makes decisions about medical treatment and how the person they’re deputy for should be looked after.
A deputy must be at least 18 years old, and can be a family member or a friend. In cases that are complex or involve a lot of money, the Court may recommend that you choose a lawyer like ourselves.
Bear in mind, the process of being appointed as Deputy can take four to six months or longer.
Richard demonstrated a lot of empathy during what was a difficult time for our family. We feel our affairs have been handled very well.
Once the Court of Protection reviews and approves the case, the order lasts until a further order or death.
The deputy can be empowered by the Court of Protection to manage an individual’s financial and personal affairs, under the supervision of the Office of the Public Guardian, the administrative arm of the Court of Protection. The Office of the Public Guardian supervises court-appointed deputies, and investigates complaints against a deputy.
The court order tells the deputy what they can and cannot do. For example, the deputy must consider the level of mental capacity (of the person they’re a deputy for) every time they make a decision. That’s because mental capacity can’t assume to be the same at all times and for all kinds of things, according to the Court of Protection.
In addition, all deputies are required to:
- make sure what they do is in the person’s (whom they’re a deputy for) best interests
- consider what they have done in the past
apply a high standard of care - do everything they can to help the other person understand the decision
- send an annual deputy report to the Office of the Public Guardian each year explaining the decisions you’ve made.
A Deputy is also accountable to the Court of Protection and must provide regular reports and accounts to ensure transparency and accountability.
A deputy’s role can be incredibly challenging and time-consuming. Working with a professional deputy such as Hutchinson & Buchanan is advantageous because we’re familiar with the requirements for running the deputyship.
If you would like assistance with making a Deputyship Application, or to discuss appointing us as a Deputy of your loved one, we would be happy to help.
A deputyship application involves several key steps:
- Capacity Assessment: to determine whether the individual lacks the mental capacity to make decisions. This assessment is often carried out by medical professionals or social workers.
- Deputyship Forms: complete the relevant deputyship application forms, which include details about the individual’s finances, family, and the specific decisions the deputy will be authorised to make.
- Notifying Interested Parties: the applicant must notify certain individuals, such as close relatives, of the deputyship application. This ensures transparency and allows interested parties to express their views on the appointment.
- Court of Protection Application: completed forms, along with any supporting documentation, are submitted to the Court of Protection. The court will review the application to ensure it meets all legal requirements.
To avoid a lengthy and more expensive Court of Protection process, consider putting a Lasting Power of Attorney in place before mental capacity becomes an issue. Our mental capacity can be affected at any time, which is why we recommend everyone prepares a will and lasting powers of attorney.
Pricing - Court of Protection and Deputyship
External fees (Disbursements)
We’re here to help with your Court of Protection or Deputyship application.
Address
77 North Street
Ripon
North Yorkshire HG4 1DP
Phone
01765 602156
Fax
01765 690018
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