Court of protection

Court of Protection is a specialised court with a crucial role in safeguarding the interests of vulnerable individuals. Its powers and responsibilities encompass: 

1. Capacity assessments: The court determines whether an individual has the mental capacity to make decisions about their welfare or finances, ensuring their protection.
2. Deputyship appointments: In cases where mental capacity is lacking and no Lasting. Power of Attorney is in place, the court appoints a Deputy to manage the individual’s legal affairs. Deputies are subject to the oversight and scrutiny of the Court of Protection. They have the authority to handle the financial matters of the person lacking capacity, although the court may impose limitations on their powers and decisions.
3. Medical treatment decisions: The court plays a role in decisions regarding an individual’s medical treatment when they lack capacity.
4. Attorney misconduct claims: The Court of Protection addresses claims of inappropriate conduct by Attorneys appointed under an Enduring Power of Attorney or Lasting Power of Attorney.

Our Court of Protection solicitors provide comprehensive guidance on all matters within the jurisdiction of the Court, including:

• Breaches of duty by Attorneys or Deputies.
• Best interests decisions, such as medical treatment and living arrangements.
• Statutory will applications.
• Personal injury trusts.
• Disputes within the court of protection.
• Interim orders.

Applying for Deputyship can be a lengthy process, often taking more than three months to complete. However, certain urgent decisions or payments may need to be made sooner, such as outstanding care home fees or debts. In such cases, an application for an “Interim Order” can be made to seek permission for specific actions while the main Deputyship application is under consideration. Our team can assist you with these applications and advise you on the appropriate timing.

If no suitable individual is available to act as Deputy, we can also act as a Deputy ourselves.

Annual reporting to the Office of the Public Guardian is a requirement for Deputies, who must maintain accurate accounts and receipts. Our services extend to assisting with the preparation of these reports.

If you require further guidance on the workings of the Court of Protection or need professional advice, please don’t hesitate to contact us.