The Court of Protection exists to protect a vulnerable person in both financial and personal welfare matters.
If someone has lost mental capacity and is unable to give instructions for lasting powers of attorney, then an application to the Court of Protection for your appointment as deputy is the best route available to you.
Making an application to the Court of Protection will ensure that you can deal with your loved one’s affairs at a difficult time. You may find, for example, that you need to sell their home to pay care home fees and the deputyship order would allow you to do this.
There are two types of order
- property and financial affairs, for example, paying bills, organising a pension
- personal welfare, for example, making decisions about medical treatment and how someone is looked after.
We can guide you through making these applications and advise on the costs involved and time implications. Personal welfare orders are difficult to obtain but we have a successful track record in obtaining them for our clients. We can take you step-by-step through obtaining the property and financial affairs order, how to use the order once granted and what you will be expected to do as a deputy.
Each application carries a £371 application fee which is payable to the Court of Protection but a fee exemption can be applied for if certain criteria are met. If a matter is urgent, we can assist with making a fast track application to the court.
To make an application to the Court of Protection on your behalf we would need
- to liaise with the GP/medical practitioner who attends to your loved one to obtain written confirmation as to their capacity
- full details from you about their financial situation to help us with completing the application forms.
We would deal with every aspect of the application to the Court of Protection on your behalf. Court applications can be lengthy and often take up to six months to obtain.
If you are a deputy and want to understand more about what your role entails, read our Court of Protection FAQs for deputies.