Court of Protection and Deputyship
Court of Protection & Deputyship Solicitors
If a loved one has lost mental capacity, needs somebody to make decisions on their behalf and does not have a Lasting Power of Attorney in place, you should apply to the Court of Protection.
At Bowsers Solicitors, we can assist with all aspects of Court of Protection and deputyship matters, including helping to arrange mental capacity assessments and Court of Protection applications or disputes.
Court of Protection Solicitor Near Me
The Court of Protection is a legal entity tasked with aiding individuals who have lost the mental capacity to make choices regarding their affairs. These decisions typically involve:
- The person’s health and welfare
- The person’s finances and property arrangements
There are a variety of ways in which our solicitors can support you concerning the Court of Protection, including:
- Court of Protection applications.
- Assistance with the mental capacity assessment process.
- Legal advice and support over decisions made for a person who lacks the capacity to do so themselves.
If you are looking for Court of Protection or Deputyships advice, please contact our experienced private client solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Contact Us
Wisbech and March Solicitors
Bowsers Solicitors are local solicitors for the local community. Based in March and Wisbech and supporting clients across Cambridgeshire, Lincolnshire and Norfolk, our professional legal team understands the emotional and overwhelming nature of applying to the Court of Protection. We will do all we can to support you throughout the process.
To speak to one of our friendly yet professional private client solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Deputyship Solicitor Near Me
In cases where a loved one has not set up a Lasting Power of Attorney, you should apply to the Court of Protection to become a deputy. A deputy has the legal authority to make decisions on a person’s behalf. Most deputies are typically close family members or a friend to the person who has lost mental capacity. Sometimes, a legal professional, such as a solicitor, can be appointed a person’s deputy by the Court.
There are a variety of ways in which our solicitors can support you in relation to deputyships, including:
- Act as professional deputies where necessary.
- Advise and support deputies with their responsibilities.
Solicitor for Court of Protection and Deputyships Cambridgeshire
The processes surrounding the Court of Protection and deputyships are highly complex. Therefore, seeking the appropriate advice is essential. Your solicitor or other legal professional should tentatively guide you through the process, ensuring you understand the technicalities whilst your loved one remains of paramount importance.
Frequently Asked Questions
The Court of Protection is a specialist court that makes specific decisions or appoints other people known as deputies to make decisions on behalf of people who lack the capacity to do so for themselves.
It was established in 2007 under the Mental Capacity Act 2005 and is part of the Family Division of the High Court.
An individual may lack capacity for various reasons, such as if they are living with Alzheimer’s or dementia, if they have a physical or mental illness, a learning disability, have suffered a stroke, or have a brain injury following an accident.
Where someone has lost capacity but has not set up a Lasting Power of Attorney (LPA), their loved ones will not automatically have control of their affairs.
Instead, they must apply to the Court of Protection to become a deputy. This enables them to make decisions on their loved one’s behalf about their health and welfare and/or property and financial affairs.
The Court of Protection can:
- Decide whether a person ‘has capacity’ (is able) to make a particular decision for themselves.
- Make declarations, decisions or orders on financial or welfare matters in relation to people who lack capacity.
- Appoint deputies.
- Decide whether an LPA or Enduring Power of Attorney (EPA) is valid.
- Remove deputies or attorneys who fail to carry out their duties.
- Hear cases concerning objections to register an LPA or EPA.
Applying to the Court of Protection can be costly, complicated and time consuming. You must complete an application form, an assessment of capacity form, a deputy’s declaration and a supporting information form.
A solicitor can help to ensure the relevant documentation is completed accurately.
If you need legal advice or guidance on Court of Protection deputyships, please contact our experienced private client solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.
Alternatively, you can fill in our contact form.
A deputy is responsible for helping someone make decisions or making decisions on someone’s behalf.
There are two types of deputies:
- Property and financial affairs deputy, which involves responsibilities including paying bills, dealing with cash assets, such as bank and building society accounts, and managing or selling property.
- Personal welfare deputy. This is relatively rare and usually only happens when there is doubt whether decisions will be made in someone’s best interests, or someone needs to be appointed to make decisions about a specific issue over time.
Deputies must meet certain standards and any decisions they take must be in the other person’s best interests, reflect what they’ve done in the past, and apply a high standard of care.
Anyone over the age of 18 can apply to become a deputy. Most deputies are typically close family members or a friend to the person who has lost mental capacity. Two or more people can be appointed as joint deputies to act on someone’s behalf.
Sometimes, a legal professional, such as a solicitor, can be appointed a person’s deputy by the Court. At Bowsers Solicitors, our solicitors can support you in relation to deputyships by advising and support deputies with their responsibilities and acting as professional deputies where necessary.
For more information about deputyships and the Court of Protection, read our previous blog by clicking here.