Wills, Probate, Powers of Attorney & Advice for Older Clients
The Court of Protection’s role is to safeguard those who lack mental capacity.
If a person becomes unable to manage their own affairs through the loss of 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 who may manage the person’s property and financial affairs or personal welfare.
At Kingsfords, our Wills, Probate and Powers of Attorney Solicitors and Lawyers can provide crucial assistance for Court of Protection matters. We guide you through 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:
For further information or to make an appointment with our Private Client Team in Ashford, Cranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the right hand side of the page to request a call back.
When appointed as someone’s Deputy, your 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 Affairs 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.
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’ Court of Protection lawyers have substantial experience in making applications for Statutory Wills and can help to ensure your loved one’s wishes are accurately reflected.
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.
We understand that the role of a Court of Protection Deputy is a difficult one, with 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 or are already trying to balance other important commitments.
Our Court of Protection solicitors 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.
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 deputy 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:
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:
Straightforward applications often take around four to six months to be accepted.
What are the Typical Costs and Fees Associated with Instructing a Court of Protection Solicitor?
There is an initial application fee to the Court of Protection, which is £421, and additional legal fees for consideration. You may additionally require a medical assessment fee, Deputy assessment fee, deputy bond fee, or hearing fee.
The total costs associated with instructing a Court of Protection solicitor will vary depending on the complexity of your needs. There are ways to ensure that the process is done efficiently and without excess fees.
We offer both fixed fees and an hourly charging rate, where each hour of work undertaken will be accounted for. We will ensure that your work is achieved promptly and with sensitivity to your financial impact.
What are the duties and responsibilities of a Court of Protection Deputy for property and financial affairs?
A Court of Protection Deputy for property and financial affairs is responsible for managing the assets, including cash, investments, and property, of an individual who has lost mental capacity, which could include:
All of these matters should be specified and outlined in the court order, and the Deputy must keep detailed records of all financial transactions in order to provide an annual report to the Office of the Public Guardian.
What steps should be taken if a person regains capacity after a Deputy has been appointed by the Court of Protection?
If a person regains capacity after a Deputy has been appointed, then they will need to have their capacity assessed by a medical expert before applying to the Court of Protection to have the Deputyship removed.
Our Court of Protection solicitors can help you to understand mental capacity law, ensuring that your rights are fully respected and that you are supported only when it is in your best interests.
For further information or to make an appointment please contact our Private Client Team in Ashford, Cranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the right hand side of the page to request a call back.
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