Court of Protection Solicitors

In most cases a family member will apply to be appointed as Deputy, however in situations in which there is no appropriate candidate an experienced Farleys Court of Protection solicitor will be available to act as Deputy for the individual.

We can also assist clients with the completion and submission of applications to the Court of Protection via the Public Guardianship Office

The law surrounding applications for Deputyship is highly complex; it can therefore be beneficial to secure advice from a solicitor with the necessary skills and expertise to ensure the process runs smoothly.

- Assess and decide if the individual concerned is able to make a specific decision in question and if they cannot then the Court can

- Make decisions regarding the financial, property, legal affairs and welfare of the individual concerned

- Appoint a Deputy or Deputies who will be responsible for making ongoing decisions on behalf of the individual concerned

- May give certain people permission to make on-off decisions on behalf of the individual concerned

- Handle urgent or emergency applications where a decision must be made without delay
Make decisions about when someone can be deprived of liberty under the Mental Capacity Act

- Decide whether a Deputy continues to act where there are concerns that the Deputy may be abusing their position neglecting their duties or failing to act in the best interests of the person concerned

The Mental Capacity Act of 2005 is an Act of the Parliament of the United Kingdom, applying to England and Wales. Its main objective is to provide a legal framework for making decisions on behalf of adults who lack the capacity to make decisions for themselves.

The Mental Capacity Act is guided by five key principles:

1. A person must be assumed to have capacity unless it is firmly established that they lack capacity.

2. A person is not to be treated as unable to make a decision until all feasible steps have first been tried to help them make the decision in question.

3. A person is not to be treated as unable to make a decision merely because they make an unwise decision.

4. Any actions or decisions made under this Act must be undertaken in the best interests of the person who lacks capacity.

5. Before any actions or decisions are made, consideration must be given as to whether their goals can be effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Essentially, the purpose of the Act is to protect a person’s rights to care for and make decisions for themselves, and to provide essential legal guidance on to how best to safeguard their welfare.

A Court of Protection deputy is a person appointed by the Court to oversee the management of the personal and financial affairs or welfare decisions of an individual who lacks capacity to make decisions in their own best interests.

If a family member or friend is unable to handle their financial, property or legal affairs, it may be necessary for you to apply to the Court of Protection for a deputyship order – formerly a receivership order – under the Mental Capacity Act 2005. If this is granted, you will be authorised by the Court of Protection to handle the affairs of the person who lacks capacity.

The application process for the appointment of a Deputy can seem daunting , expert help is often extremely useful in helping to determine  what type of application should be made and what supporting documentation will  be required.

We provide a complete service that encompasses everything from start to finish of the Court of Protection process, including the completion and submission of relevant applications. In addition, we can act as Professional Deputy in circumstances   where no other suitable persons are available.

Professional help from a specialist solicitor can make the application process much easier, when deciding what you need to apply for, and how best to do it. Many applications have the potential to be extremely complex, depending on the circumstances of the situation.

If you need any assistance or have more questions about the Court of Protection, feel free to give us a call on 01254606008 today. Our friendly and highly experienced team are here to answer all of your questions!