The Court of Protection is a legal entity that helps individuals who have lost the mental capacity to make decisions about their affairs.
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.
In cases where someone has lost capacity but has not set up a Lasting Power of Attorney, their loved ones will not automatically have control of their affairs and cannot access their finances, even if it is to pay for care.
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.
What is the Court of Protection?
The Court of Protection was established by the Mental Capacity Act 2005 and is part of the Family Division of the High Court.
Its role is to protect individuals who lack the mental capacity to make decisions for themselves by giving others (‘deputies’) the authority to make those decisions on their behalf.
The Court of Protection is responsible for:
- Deciding whether someone has the mental capacity to make a particular decision for themselves.
- Appointing deputies to make ongoing decisions for people who lack mental capacity.
- Giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity.
- Handling urgent or emergency applications where a decision must be made on behalf of someone else without delay.
- Making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration.
- Considering applications to make statutory wills or gifts.
- Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.
What is involved in being a Deputy?
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. This is the most common form of deputyship and involves responsibilities including:
- Dealing with any income.
- Paying bills.
- Dealing with cash assets, such as bank and building society accounts.
- Managing or selling property.
- Making small gifts on special occasions such as birthdays.
- Dealing with any capital assets and make any investment decisions.
- Personal welfare deputy. Appointing a deputy to take healthcare and personal care decisions is relatively rare. The Court of Protection will usually only appoint a personal welfare deputy if:
- There’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care.
- Someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live.
All Deputies must meet certain standards. Any decisions they take must also:
- Be in the other person’s best interests.
- Reflect what they’ve done in the past.
- Apply a high standard of care.
Deputies must do everything in their power to help the other person understand the decisions they are taking. They must keep a record explaining what decisions they have made and accounting for any money they have spent.
Who can be a Deputy?
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.
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.
How do you apply to become a Deputy?
Applying to the Court of Protection is complex and requires specialist legal advice. You need to complete and submit various application forms and provide a professional assessment of mental capacity to the Court.
The process can be onerous and time consuming, with any mistakes causing delays and additional stress.
At Bowsers, we have extensive experience helping people make applications to the Court of Protection. Our friendly team will guide you through what is involved and support you at every stage.
Solicitor for Court of Protection and Deputyships 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.
Our Court of Protection legal service includes advice on:
- 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.
