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Wills, Probate, Powers of Attorney & Advice for Older Clients

Court of Protection Matters

The Court of Protection’s role is to ensure that those who lack capacity are safeguarded.

If a person becomes unable to manage their own affairs through the loss of mental capacity, it can be difficult to assist without the benefit of an existing Lasting Power of Attorney, or Enduring Power of Attorney.

In such circumstances, an application can be made to the Court of Protection for a Deputyship Order, to appoint a Deputy or Deputies to manage the person’s property and financial affairs or personal welfare.

At Kingsfords, our Private Client Team are able to manage such applications for a fixed fee. We can guide you through the entire process of applying to the Court of Protection, ensuring that you have all the support you need to effectively manage your loved one’s affairs when acting as a Court of Protection Deputy.

Our Court of Protection Service includes the following:

  • Deputyship Application for Property and Financial Affairs
  • Deputyship Application for Personal Welfare
  • Application for a Statutory Will
  • Emergency Court of Protection applications
  • Ongoing advice for Court of Protection Deputies

Contact Us

For further information or to make an appointment with our Private Client Team in AshfordCranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the right hand side of the page to request a call back.

Our Court of Protection Expertise

Deputyship Application for Property and Financial Affairs and Health and Welfare

When you are appointed as someone’s Deputy, this role will involve making decisions about important financial matters and their health care.

For example, this may include making decisions on daily practical tasks, such as paying bills or applying for benefits, as well as more complex decisions, such as where to invest a person’s savings, what should happen to any properties they own, the handling of their daily routines, healthcare, and medical treatments.

It is less common for a Personal Welfare Deputy to be appointed, which means that the application process is often more complex compared to applications for Property and Financial Affair Deputyship.

Kingsfords can support you in making an application to become a Deputy, ensuring that all the essential documentation is correctly filed, so there are no unnecessary delays.

Application for a Statutory Will

If someone has lost mental capacity, it will not be possible for them to write a Will, or make any changes to an existing Will. If changes are made, the Will is almost certain to be rendered invalid.

The Court of Protection however have the authority to make or amend a Will on behalf of anyone who has lost mental capacity. This is known as a Statutory Will.

An application needs to be made to the Court of Protection which can be a complex process if you do not receive the right advice. Kingsfords have substantial experience in making applications for Statutory Wills and can help to ensure your loved one’s wishes, are reflected.

Emergency Court of Protection Applications

In some cases, you may need to make an emergency application for a Court of Protection Order. Common examples include where someone needs urgent medical care, but consent is needed for the specific treatment and if a decision needs to be made regarding how a medical bill will be paid.

Our team can advise on making an emergency Court of Protection Order, ensuring that a decision is made for the benefit of your loved one.

Ongoing Advice for Court of Protection Deputies

We understand that the role of a Deputy is a difficult one, with there being a wide range of responsibilities to handle on a daily basis. The role can be especially difficult if you have never acted in this capacity before and/or you are already trying to balance other important commitments.

Our Private Client Team can support you in your role as a Deputy, including advising on the decisions you may need to make and dealing with the various administrative matters that need to be addressed.

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Frequently Asked Questions About Court of Protection

What is the Court of Protection?

The Court of Protection is a government department. It is responsible for dealing with decisions or actions that fall under the Mental Capacity Act.

The Court of Protection makes decisions regarding an individual’s mental capacity, who can be appointed as a Deputy, one-off decisions, Statutory Wills and more.

What is a Court of Protection Order?

A Court of Protection Order is a legal document that grants an appointed Deputy with the authority to make decisions on behalf of a donor (the person who no longer has mental capacity)

Who Can Act as a Court of Protection Deputy?

A Court of Protection must be over the age of 18. Beyond this, there are no other specific restrictions as to who can make an application to become a Court of Protection, meaning family members, friends, neighbours, solicitors and other professional advisors, can all carry out the role.

It is important to remember that the Court of Protection will make the final decision as to who can act as a Deputy. They may therefore see fit to reject the application, if they do not believe that the applicant is able to fulfil their duties as a Deputy.

Can More Than One Deputy Be Appointed?

Yes, it is possible for more than one Deputy to be appointed by the Court of Protection. The court is able to appoint two or more Deputies for the same person, who will act:

  • On a Joint Deputyship - where all Deputies will have to agree on a decision
  • Jointly and Separately - where Deputies can make decisions on their own with other Deputies

How Long Does It Take for the Court of Protection to Appoint a Deputy?

The time it takes for the Court of Protection to appoint a Deputy will depend on a number of factors. These include:

  • The time it takes to notify all parties that you have made an application
  • If the Court needs more information before making a decision
  • If anyone opposes an application

Straightforward applications often take around four to six months to be accepted.

Contact Us

For further information or to make an appointment please contact our Private Client Team in AshfordCranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the right hand side of the page to request a call back.