Court of Protection

Court of Protection

You may know a family member, friend or neighbour who you think is having difficulties in making decisions about their finance and property or their personal welfare and you want to be able to help them make these decisions.

If they have not already set up an Enduring or Lasting Power of Attorney and are now incapable of doing so then an application needs to be made to the Court of Protection to appoint a Deputy to act on behalf of the person who lacks mental capacity.

The court can appoint a deputy to act and make decisions on behalf of a person who lacks capacity in relation to their property and financial affairs and /or personal welfare. The court order will set out who they appoint as the deputy and what decisions the deputy can and cannot make.

A deputy must be at least 18 years old. They should have sufficient skills to take on the role. The applicant will be required to complete a deputy declaration to ensure they understand their responsibilities.

Before an application can be made medical evidence must be obtained to verify that the person does lack mental capacity to make decisions. There are also numerous forms to complete in respect of the assets and expenditure of the person who lacks mental capacity.

Wadsworth Solicitors can help appoint a Deputy to manage that person’s affairs. Our Trusts and Estates team will guide you through the process of appointing a Deputy and be there to guide you through the decisions that follow. If there is no suitable person to act as a Deputy, a member of the firm may accept a professional Deputyship.

We offer a friendly, empathetic, and professional service, at fixed fee rates. If you would like any further information pertaining to a Court of Protection application please do not hesitate to contact us.