Specialist Court of Protection solicitor, Vanessa Santomauro, takes a look at what the Court of Protection does, and how to make an application for deputyship.
In the event a person becomes incapable of making their own decisions and there are no arrangements in place, such as a lasting power of attorney, an application to the Court of Protection can be made to appoint a deputy.
The Court of Protection receives a number of applications and the court has the power to:
• decide if the subject of the application has mental capacity to make their own decisions in respect of a certain matter (be it property and financial affairs or their personal welfare)
• receive objections to registering a Lasting or Enduring Power of Attorney
• decide whether a Lasting or Enduring Power of Attorney is valid
• make decisions on behalf of the subject of the Court of Protection application, including issuing declarations and orders regarding financial and welfare matters
• appoint someone to act as a deputy to make decisions for someone who lacks the capacity to do this for themselves
• remove a previously appointed deputy or attorney who has failed to carry out their duties, is no longer capable or has acted outside of the scope of their authority
The process of making a Court of Protection application is far more complex than that which is required when making a Lasting Power of Attorney (or an Enduring Power of Attorney made before 1 October 2007) and so it is preferable to make Lasting Powers of Attorney whilst a person has capacity whenever possible to avoid the need to involve the Court of Protection.
As this is not always an option, if you wish to proceed with an application it would be beneficial to employ a Deputyship solicitor familiar with Court of Protection applications to ensure delays are kept to a minimum, meaning your loved one’s affairs, whether personal welfare or property and financial can be administered or safeguarded at the earliest opportunity.
Holmes & Hills have specialist solicitors in the area of Court of Protection and Deputyships, and appointments can be facilitated in-person, by telephone, or by video conferencing facilities, meaning our expertise can be utilised across the country.
Call 01206593933 and speak to our specialist Court of Protection Solicitors. Or complete the form below.
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