For more information and advice on Court of Protection applications, please contact us on 01332 226 162 or complete the form below.
If an individual lacks the mental capacity to manage their own affairs, such as their property and financial investments and does not have a power of attorney in place, making a deputyship application to the Court of Protection can enable you to protect their interests on their behalf.
Whether you are caring for a vulnerable adult, child or elderly relative, it is important to seek legal advice when making deputyship applications.
Court of Protection applications
The Court of Protection is the authority responsible for deciding upon the physical and financial wellbeing of people who have lost the mental capacity to make decisions for themselves. Its authority applies to people suffering with conditions such as dementia, Alzheimer’s Disease, brain damage, types of schizophrenia, and other mental conditions that can make someone a danger to themselves or others through harm or neglect.
One of the Court of Protection’s duties is to assign suitable persons (deputies) to make decisions about the care of people who have lost mental capacity.
We regularly advise clients on how to become deputies for others.
The Court of Protection usually permits deputyship for people who meet all of the following criteria:
Professional deputies (such as solicitors) may also be appointed if the circumstances are appropriate.
Deputyship applications require the submission of numerous court forms dependent upon whether you are applying to take responsibility of the person’s property and financial affairs or their personal and medical welfare.
The application forms are complex and involve not only an assessment by a medical professional confirming the state of the subject’s mental capacity, but written statements to justify why you should become a deputy. The application process also includes a stage where other family members and individuals connected to the person will be invited to make objections if they have any.
A successful application requires a convincing legal argument that the court’s priority concerns toward the vulnerable person will be satisfied. This is best achieved with professional oversight.
As deputyship applications to care for someone who has lost mental capacity are often confusing and time-consuming, we will support you through the process from beginning to end. We help our clients to overcome any challenges and provide expert assistance in a compassionate, caring, and sensitive manner.
Alternatively, we can provide a professional Court of Protection deputy where appropriate. We have found that this can minimise friction between family members at what can be a difficult and emotional point in their lives.
Court of Protection applications
Our Wills, Probate, Tax and Trusts team is highly experienced in supporting clients in deputyship applications. Our clients include individuals, families, and owners of businesses of all sizes and worth.
We provide support for carers of people with conditions such as dementia or Alzheimer’s through to representing individuals who have suffered a serious injury and are in receipt of compensation.
Our specialist team advise individuals and those placed in charge of vulnerable people on a broad range of issues including:
We recognise that this is stressful time for everyone involved and we offer support coupled with clear, actionable advice. If you are concerned about protecting a loved one’s interests, please contact our team.
We also have considerable expertise in advising deputies on specific issues regarding property and financial transactions, along with advising and creating statutory wills for an incapacitated individual.
When a person who has lost mental capacity is also a trustee, and other arrangements have not been made, it may be necessary to ask the Court of Protection to use its legal powers to appoint a replacement trustee. There are several aspects of the situation to consider before taking this step, but it is an area of work we are experienced in advising on.
If the Court of Protection has made a decision that you feel is not in your vulnerable loved one’s best interests, you have the right to challenge its decisions. Whether you have been denied deputyship, or you need to remove an unsuitable deputy or attorney, our dispute resolution experts are able to advise you on how to proceed.
Individuals who have not lost mental capacity can pre-emptively act to ensure people they trust are able to manage their affairs in the future if necessary. Our team is highly experienced and ready to advise in this area. To find out more, visit our powers of attorney page.
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“My mum, brother and I consulted Flint Bishop last July after my father passed away. My parents Will was made with Flint Bishop so it seemed right that we would consult them when my father passed away. It was a scary time for me, as my mum relied heavily on me to deal with the aftermath of my fathers death, funeral, Will etc. but Flint Bishop totally took the worry and strain away. Wwe dealt with Samuel Balmbra and from the start of the consultation he was professional and honest. We knew exactly the cost involved and what was happening at every stage. He made something daunting for us seem very simple. I would recommend Flint Bishop and I will use them again if and when the time arises.”
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“Will Harper provided advice to me in relation to my mother’s Grant of Probate which was very complexed. I feel extremely fortunate to have had Will to guide me through this process at an extremely difficult and distressing time of my life. Will’s response to my enquiries was immediate, he always displayed compassion to my personal situation and would explain things in a way I could understand. Having not gone through the procedure before I had lots of questions and Will always took the time to listen to my concerns and I never felt rushed. This isn’t always the service you get with solicitors, however, after every contact I had with Will I felt more reassured. I have already recommended Will to a close friend and will continue to recommend his exemplary service.”
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