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Court of Protection

In an ideal world, when someone you care for becomes incapable of managing their own affairs they may have a Lasting Power of Attorney in place. If they don’t, an application needs to be made to the Court of Protection to appoint a Deputy to handle that individual’s property and financial concerns.

The Court of Protection is responsible for dealing with decisions or actions to protect people who can’t make some or all decisions for themselves under the Mental Capacity Act 2005.

What is a Deputy?

If someone no longer has the ability to understand or make decisions for themselves a Deputy can be appointed by the Court of Protection to manage the affairs of someone who has lost or lacks mental capacity.

Unfortunately, the process of applying to the Court of Protection for Deputyship is complicated, time- consuming and, above all, expensive. However, if this is your only option, you can rest assured that our experienced team of legal specialists will be on hand to help.

Who can be a Deputy?

Anyone over the age of 18. A deputy is usually a close family member or friend, although if there is no one suitable a paid professional can be appointed for example an accountant or solicitor.

Court of Protection orders made easier

To apply to become a deputy you need to submit an application to the Court of Protection. We can take you through the entire court application process, step-by-step. This includes compiling the necessary paperwork, requesting medical records and arranging a security bond. Going forward, we can also help you complete the required annual reports.

Our specialist Deputyship solicitor, Amy Taylor answers commonly asked questions including how to apply for a deputyship order through the Court of Protection, how long the process takes and talks us through a recent case study.

Less stressful solutions

We won’t pretend we can make a worrying situation completely stress free, but we can help make it easier. So if you have a family member who is losing the capacity to manage their affairs, and you wish to apply to the Court of Protection or you’d like to put Lasting Powers of Attorney in place for yourself, please contact our dedicated Wills, Trusts and Probate team on 01603 598000 or by emailing probate@steeleslaw.co.uk. Appointments are available at our Diss, Norwich and London offices or home visits by appointment.