Court of Protection Applications
Apply to protect the one you love
If a loved one needs to make important decisions about their finances, property, medical treatment, or other affairs – but they lack the mental capacity to do so – the Court of Protection can make these decisions on their behalf.
What is the Court of Protection and what does it have power to do?
The Court of Protection is a specialist court that make decisions for those who lack mental capacity. The court is based in London, but cases are usually dealt with on paper without a hearing.
The Court of Protection can:
- Decide whether a person lacks mental capacity
- Consider appointing a deputy to make ongoing decisions for someone who lacks mental capacity, either for financial affairs, welfare decisions, or both
- Handle urgent or emergency applications, including urgent medical treatment decisions
- Grant permission to make a one-off decision on behalf of someone who lacks mental capacity, such as making a significant financial gift, purchasing property, or deciding where the individual should live
- Make decisions about Enduring Powers of Attorney and Lasting Powers of Attorney, including objections to registration or questions of validity
- Authorise a Statutory Will for someone who lacks capacity to make their own Will
What is the difference between a Power of Attorney and Court of Protection Deputyship?
A Lasting Power of Attorney is put in place in advance by someone who has mental capacity, allowing them to choose who will make decisions on their behalf in the future.
A Court of Protection Deputyship is required when a person no longer has capacity to make a Lasting Power of Attorney and did not put one in place.
How long does it take the Court of Protection to appoint a deputy?
Court of Protection applications typically take several months to be processed, although timescales can vary depending on complexity and whether the application is contested.
Who can apply to the Court of Protection?
Applications can be made by family members, friends, professionals, or organisations involved in the care or affairs of the person lacking capacity.
How much does it cost to set up a Court of Protection deputyship?
Costs include a Court application fee and possible hearing fees if the application becomes contested. If you are applying to be deputy for a loved one, a deputy bond and ongoing supervision fees payable to the Office of the Public Guardian will also apply. Professional fees may also apply depending on who acts as deputy.
How do you apply for a Court of Protection order?
The application process involves submitting a capacity assessment, completing the relevant Court forms, notifying interested parties, and awaiting Court approval.
Who can act as a Court of Protection deputy?
A deputy can be a family member, friend, or a professional such as a solicitor, depending on the circumstances and complexity of the individual’s affairs.
Why use Rothera Bray for Court of Protection applications?
We can:
- Prepare lay deputyship applications
- Prepare applications for one-off decisions
- Prepare applications for Statutory Wills, where the circumstances are appropriate
- Prepare applications for gifts to be made by an attorney or deputy, where the circumstances are appropriate
- Carry out home visits where required
- Liaise with our Serious Personal Injury and Medical Negligence team and advise on professional deputyships where capacity has been lost due to injury and there is a substantial sum of compensation to be managed
- We’re members of the Association of Lifetime Lawyers and the Society of Trust and Estate Practitioners (STEP).
We can advise on your application for deputyship, or our partners can be a professional deputy on behalf of your loved one.
