The Court of Protection is a specialist court that deals with issues relating to people who lack capacity to make specific decisions.
The Court makes decisions and appoints Deputies to act in the best interests of people who are unable to make certain decisions for themselves.
If someone you know is unable to look after their own affairs and doesn’t have a Lasting Power of Attorney (LPA) in place, you may need to apply to the Court of Protection to be appointed their Deputy so that you can safeguard their welfare and finances on their behalf.
In this blog, our Court of Protection and Deputyship Solicitors consider how to make an application to the Court of Protection.
- Assess mental capacity.
Mental capacity is the ability to make decisions for yourself.
To have mental capacity a person must be able to:
- Understand the information that is relevant to the decision they want to make.
- Retain the information long enough to be able to make the decision.
- Weigh up the information available to make the decision.
- Communicate their decision by any possible means, such as talking or using sign language.
If you cannot make decisions, you are said to ‘lack capacity’.
Capacity can be lost for various reasons and can happen on both a temporary (such as because of mental health issues) and permanent (for example, because of a brain injury or dementia) basis.
Someone’s capacity to make a decision can also depend on the type of decision that needs to be made. For example, an individual may be able to decide what they want to eat but lack the capacity to know whether they should move into a care home.
If you want to make important decisions for someone else because they lack capacity, you will need to arrange for a suitable professional to undertake an assessment of capacity as part of your deputyship application.
- Apply to the Court of Protection.
To become a Deputy which will enable you to act on your loved one’s behalf, you need to submit an application to the Court of Protection.
This involves completing various forms and submitting the relevant paperwork.
Applications to the Court of Protection can be time-consuming and confusing, and it is easy to make mistakes.
A solicitor can help. At Bowsers Solicitors, our friendly Court of Protection solicitors in Wisbech and March have extensive experience with deputyship applications and will help to ensure all the necessary documentation is completed accurately.
If you are applying for a property and financial affairs deputyship, certain legal fees can usually by can be paid using the person’s money. The court will usually authorise the payment in the deputyship order.
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.
Forms that must be completed for a deputyship application include:
- Main application form (COP1). This covers basic information about the person. You must also include the details of least three people who should be notified of your application.
- Annex A: Supporting information for property and affairs applications (COP1A). This form covers the person’s income, including any benefits they receive, savings, investments and property they own. It also asks for information about their expenses (such as care costs) and any debts they may have.
- Annex B: Supporting information for personal welfare applications (COP1B). On this form, you must provide details of the professionals and social workers involved in the person’s care and details of the care or treatment you wish to make decisions about.
- Assessment of capacity (COP3). This comes in two parts. Part A must be completed by you, and Part B by a suitable practitioner who is authorised to give their opinion about the person’s mental capacity (for example, your GP).
- Deputy’s declaration (COP4). You will need to explain on this form the circumstances behind your application and consider your suitability for the responsibilities you wish to assume. For property and affairs applications, you will also need to provide details of your own finances.
Once you have completed the relevant forms, you can submit your application and pay the relevant fee.
- Await authorisation from the court.
The court will then consider your deputyship application and assess your suitability for the role. This can be a long process, with applications often taking several months to process.
If your application is approved, the Court will send you a hard copy deputyship order in the post which will set out exactly what you can and can’t do.
A property and financial affairs Deputy will usually be allowed to:
- Deal with any income and pay any bills and debts.
- Deal with any cash assets, such as bank and building society accounts.
- Manage or sell property.
- Make small gifts on special occasions such as birthdays.
- Deal with any capital assets and make any investment decisions.
All 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.
Solicitors for Court of Protection Applications Cambridgeshire
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.
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.
