Court of Protection

If an individual loses mental capacity, perhaps as a result of dementia or a stroke, they may need to rely on someone else to make decisions on their behalf. If the person has previously drawn up a Lasting Power of Attorney (LPA), they have already appointed a person of their choice to handle their affairs in the event of their incapacity.

However, in the absence of an LPA, a family member or loved one may need to make an application to the Court of Protection to be appointed as a ‘deputy’ for the person who is incapacitated.

What does a Court of Protection deputy do?

Someone who lacks mental capacity may be unable to manage their personal affairs or make important decisions about their medical care or living arrangements. A deputy can make these decisions on behalf of the individual once given the authority to do so by the Court of Protection.

Invariably, a deputy will be a family member or friend, although in some situations the Court may appoint a solicitor to act as a deputy.

Being a deputy is a long-term commitment.  Amongst other obligations, the deputy must protect the individual’s confidentiality, act with due care and in accordance with the terms of the Court’s directions.

When you become a deputy, you are required to send an annual report to the Office of the Public Guardian every year, explaining the decisions you’ve made.

What are the two types of deputy?

Property and affairs deputy

The most usual appointment is that of a property and financial affairs deputy. This enables the deputy to manage someone’s financial affairs on their behalf, which includes handling bank accounts, dealing with utility bills and investments and selling a person’s property.

If the person who has lost capacity owns property jointly with someone else, a special order appointing Trustees may be needed in order to sell any jointly owned property.

A property and affairs deputy must keep proper accounts and is required to protect the individual’s financial assets by arranging a security bond.

Personal welfare deputy

Where an individual is unable to make decisions about their own welfare, medical treatment or care, an application to become a personal welfare deputy can be made.

The appointment of a deputy for personal welfare is only made in unusual or extreme circumstances where there are serious concerns over the individual’s care.

How to become a Court of Protection deputy

Should you find that a family member or loved one is unable to make decisions on their own behalf, we can provide the specialist legal advice you need to guide you through the process of becoming their deputy.

We will make the necessary applications to the Court of Protection on your behalf and assist you with the preparation and completion of annual accounts for submission to the Office of the Public Guardian.

Applications to the Court of Protection take time and can be costly. In most cases, it can be avoided entirely if an LPA is drawn up whilst the individual still has full capacity. An LPA gives everyone, but especially the subject of the LPA, peace of mind that their affairs will be managed exactly as they wish.

We support families as they plan for the future care of a loved one using a Court of Protection deputisation (or, indeed, an LPA). Our professional advisers provide a sympathetic and efficient service, treating each case on an individual basis to ensure the solutions we offer are best for you personally.

Why choose Napthens?

  • Cases handled with sensitivity and professionalism
  • Highly experienced, specialists in Estate Planning and in inheritance disputes
  • Clear advice tailored to your wishes and personal situation
  • Specialists in complex personal and financial situations