Court of Protection Applications

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.

The Court of Protection ensures that the best interests of your loved one are protected. This is by either by making decisions directly, or by appointing a deputy to manage their affairs and make decisions on their behalf.

At Rothera Bray we understand that it can be stressful and overwhelming supporting a vulnerable loved one and dealing with the Court of Protection process on your own.

Our Court of Protection team have a wealth of experience in supporting clients with these applications.

What is the Court of Protection and what does it have power to do?

The Court of Protection can make welfare and financial decisions for individuals who lack the mental capacity, including:

• Deciding whether a person lacks mental capacity
• Appointing a deputy to make ongoing decisions for someone who lacks mental capacity – this could be for either financial decisions, welfare decisions, or both
• Handling urgent or emergency applications – this often covers decisions such as urgent medical treatment
• Granting permission to make a one-off decision on behalf of someone who lacks mental capacity. This can include, for example, whether to make a significant financial gift, purchase a property, or a decision about where the individual should live.
• Decisions about Lasting Power of Attorney, including objections to registration or questions of validity
• Whether to put a Statutory Will in place for someone who lacks capacity to execute their own Will

What is the difference between a Power of Attorney and Court of Protection Deputyship?

A Power of Attorney is made by an individual who has mental capacity. They will put a plan in place for deciding who will make decisions about their finances or health and care should they lose capacity in the future.

In comparison, a Court of Protection Deputyship is required when someone lacks mental capacity and if they are unable to grant a Power of Attorney. The court will appoint a Deputy to act on behalf of the person and manage their affairs.

How long does it take the Court of Protection to appoint a deputy?

Currently it is taking approximately 6 – 9 months for the Court of Protection to appoint a financial deputy. However, this can vary depending on their current workload and resources. Your solicitor will be able to provide you with the Court’s current timescales at the time you make your enquiry.

If applications are contested, or if there are complex circumstances, then it can take much longer to obtain a final order.

Who can apply to the Court of Protection?

If you are over 18 and need the court to make a judgment in respect of a person who lacks mental capacity, then you can apply.

Sometimes you must seek permission to apply as part of the application process, which we will be able to advise you on.

How much does it cost to set up a Court of Protection deputyship?

We estimate that the legal fee for a typical non-contested application will be £2,400 including VAT at 20%. However, your individual circumstances will be discussed with you at the time of your enquiry and a more accurate quote will be provided.

There are also disbursements to consider as follows:

1. Court of Protection application fee – currently £421
2. Deputy bond fee – TBC, to be set by the Court
3. Capacity assessment fee – TBC, dependent on the assessor

How to apply for a Court of Protection order?

Applications for a new financial deputy can be made online.

All other applications must be made by post.

The forms required depend on the application that is being made, and we would be able to advise you on this.

Who can act as a Court of Protection deputy?

If you’re over 18 you can apply to be a deputy. Deputies are often close relatives or friends of the person lacking mental capacity. You could be the only deputy, or the court might appoint two or more deputies for the same person.

If it is a financial deputyship, the court will ask about your own financial history including bankruptcy, IVAs, CCJs and so on. Any adverse financial history may impact on your ability to be appointed.

In some cases, it is necessary for a professional deputy (such as a solicitor) to be appointed. This is most common when the person who lacks capacity has significant and/or complex financial affairs which would be too difficult or time consuming for a family member to manage.

Why use Rothera Bray for Court of Protection applications?

At Rothera Bray we have significant experience in a wide range of Court of Protection applications. Our specialist solicitors can:

• Prepare lay deputy applications (where a friend/family member is appointed by the Court to make decisions on behalf of your loved one)
• Make contested Court of Protection applications where you are unhappy about the deputy or attorney who has been appointed to manage your loved one’s affairs
• Prepare applications for one-off decisions by the Court
• Make statutory Will applications
• Make gift applications for someone who lacks mental capacity
• Carry out home visits where required
• Liaise with our Serious Personal Injury and Medical Negligence team and advise on Personal Injury Trusts if the individual lacks mental capacity due to a personal injury.