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.