The Court of Protection appoints Deputies (formally called Receivers) and oversees the management of the personal and financial affairs of those people who lack capacity to ensure that decisions which are made on their behalf are in their 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 (formally 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 solicitors at Farleys are able to assist clients in the completion and submission of applications to the Court of Protection, and are also able to act as Deputies in the rare case that there is no-one available. For more information regarding powers of attorney, Court of Protection applications or the implications of the Mental Capacity Act 2005, contact Farleys on 0125 460 6090 or e-mail us .
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.
What will Farleys do?
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.
- Farleys Solicitors 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.