Court of Protection

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Court of Protection Legal Advice

Under the Mental Capacity Act of 2005, adults who are aged 16 or over are presumed to have the capacity to articulate, interact, take care of themselves, and make their own decisions, unless there is substantial evidence to prove otherwise.

The Court of Protection, based in London, makes decisions regarding the property, financial affairs and personal welfare decisions of an individual who lacks the mental capacity to make these decisions for themselves.

A person may be deemed to lack capacity for a number of reasons which could include:

Dementia
A severe learning disability
A brain injury
Mental health illness
A stroke
Persistent or potentially ongoing unconsciousness from an accident or anaesthetic

If you believe a family member or a friend no longer has the mental capacity to make their own decisions on one of these grounds, you may choose to make an application to the Court of Protection to be appointed as their Deputy so that you can make decisions on their behalf.

An application to the Court of Protection for the appointment of a Deputy always starts with medical evidence which confirms that the person concerned lacks capacity to make decisions for themselves either relating to money or welfare matters.

FAQs

How can Farleys Solicitors help?

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 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.

What does the Court of Protection do?

The Court of Protection is a subsidiary of the Public Guardianship Office. Once you make an application to the Court of Protection, they will:

- Assess whether the individual in question is capable of making the decisions in question
- Make decisions on financial, property, legal and welfare matters
- Appoint Deputies who will be responsible for making such decisions on behalf of those who lack capacity

The Court of Protection is also responsible for registering Lasting Powers of Attorney (LPA) or Enduring Powers of Attorney (EPA). It has the power to dismiss Deputies (Receivers) who are found to be abusing or neglecting their duties.

How can Farleys Solicitors help?

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 are able to act as Professional Deputy in circumstances where no other suitable persons are available.

What does the Court of Protection do?

Once you make an application to the Court of Protection, it can and will:

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

What is the Mental Capacity Act of 2005?

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:

A person must be assumed to have capacity unless it is firmly established that they lack capacity.
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.
A person is not to be treated as unable to make a decision merely because they make an unwise decision.
Any actions or decisions made under this Act must be undertaken in the best interests of the person who lacks capacity.
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.

Contact a Court of Protection Solicitor

For more information regarding powers of attorney, Court of Protection applications or the implications of the Mental Capacity Act 2005, contact Farleys on 0333 331 4031 or email us.

When do I need a solicitor for the Court of Protection?

Professional help from a 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 0845 050 1958 today. Our friendly and highly experienced team are here to answer all of your questions!

What is a Court of Protection deputy?

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.

Contact a Court of Protection Solicitor

Farleys Solicitors LLP is a friendly, trusted, and straight-talking local firm with over 50 years of experience in serving clients all over the North West.

In addition to our Court of Protection services, we can also assist you with Professional Deputyship, Intestacy, Lasting Powers of Attorney, Wills, Trusts and Estate Planning, and Probate.

If you need to speak with one of our specialist solicitors about any of our services, please give us a call on 0845 050 1958, by our online chat, or email. We’re here to help!