Laura Stafford
Private Client Solicitor
Phone: 0113 200 7480
Email: ls@averywalters.com
Wills, Probate & Trusts
Court of Protection
We provide a free initial no obligation consultation to discuss your options in respect of any Court of Protection application. At this meeting we can discuss the process and what the likely cost will be.
The law around Deputyship applications can be complicated, but we’ll make it as easy as possible without using jargon.
If you are in a position where you are looking after the affairs of an person who lacks mental capacity to manage their own affairs, then you may need to may an application to the Court of Protection to be their Deputy to make long term decision, or apply to the Court of Protection to make any one off decision which may be necessary.
The person may lack mental capacity due to accident or illness such as Alzheimers or Dementia or severe learning difficulties.
If you are appointed as a Deputy by the Court of Protection, this will give you the legal authority to manage their affairs.
Before you consider making an application to the Court of Protection you should check whether the person in question has a Lasting Power of Attorney, Enduring Power of Attorney, Living Will or a Deputy already acting for them.
We can assist you with searching the register held by the Office of the Public Guardian (OPG) of registered Enduring and Lasting Powers of Attorney.
It may not be necessary for you to make an application to become a Deputy if you only need to manage the person’s benefits. If these cases, you can apply to become an Appointee. Please ask us for more information if you need help with this.
If there are no documents in place, and you need to manage the person’s affairs, then a Deputyship application may be necessary.
There are two types of Deputy:-
1. Property and Financial Affairs.
If appointed, this would give you the authority to manage and make decisions about property, paying bills, pensions and accounts.
2. Personal Welfare deputy
If appointed, this would give you the authority to make decisions about medical treatment and how someone is looked after.
There can be more than one Deputy appointed.
You cannot become someone’s personal welfare deputy if they are under 16.
The court will only usually appoint a personal welfare deputy if there are doubts as to whether decisions will be made in the someone’s best interests i.e. if family members disagree about care or if someone needs to be appointed to make decisions about a specific issue over time, i.e. where someone will live.
You can apply to be just one type of Deputy or both. If you are appointed, you will receive a court order setting out what you can, and cannot do and what your responsibilities are. We can provide information about what these powers and duties are to ensure you are fully informed before applying to the Court.
Applying to become a deputy can be a stressful and lengthy process, especially if you need to act at short notice i.e. to pay for care. In certain circumstances, we can assist with making expedited applications.
During the process, you will be required to serve a formal notice on certain people, to include the person the application is about, even if they don’t understand this. The people who have been notified then have an opportunity to object to the application and to your appointment if they think there are grounds for this. However, there are strict grounds on when and how a person can object.
When appointed, you will be required to send an annual report to the OPG each year explaining what decisions you have made, and provide accounts setting out all income and expenditure of the person in question. We can assist you with this on an annual basis if required. All you need to do is keep a record of all financial statements and receipts.
You are also likely to be supervised by the Court of Protection in carrying out your duties. In some cases, a Court official may come to visit you to ensure that you are carrying out your duties correctly, that you understand your role and to ensure you have the right level of support. Any visit is arranged with you in advance and you will be told about the reason for the visit.
For the first year of your Deputyship this supervision is ‘general’. After the first year, if you are managing below a certain sum of money, and are deemed not to require general supervision, this will be reduced to ‘minimal’ supervision.
Ultimately, the Court of Protection is there to support you in your role and can therefore be contacted to answer queries and to provide support and guidance.
We understand that this process can be daunting, especially at a time when you are trying to look after a vulnerable or elderly person. We can advise you throughout the matter, without using legal jargon to ensure you understand everything.
We can deal with the whole process for you, from checking whether any documents are already in place, whether permission is required for the application, preparing and submitting the application and ensuring you are aware of your responsibilities as a Deputy, and all ongoing obligations.
