If a loved one no longer has the capacity to make important decisions for themselves, such as over their finances, living arrangements or medical treatment, a Court of Protection deputyship can ensure these matters are taken care of.
Our specialists are experts in all aspects of Court of Protection law and can help you become a Court of Protection deputy or we can act as professional deputies for your loved one. We can also assist you in discharging your duties as a Court of Protection deputy, ensuring your loved one has the right support so that all of their needs are met.
With decades of experience across all areas of Court of Protection deputyship, we can help make sure all of the right provisions are in place for your loved one’s care and make sure any issues that arise, such as disputes over a vulnerable person’s care, can be resolved quickly and effectively.
Our Court Of Protection Services
We work with individuals and families all over the UK to make sure their loved ones have the help and support they need to manage their affairs.
Our expertise in Court of Protection law includes:
- Applying to be a Court of Protection deputy
- Advising you on your duties as a Court of Protection deputy
- Property and Financial Affairs Deputyship
- Personal Welfare Deputyship
- Deprivation of liberty
- Court of Protection deputyship disputes
Types Of Court Of Protection Deputies
There are two main types of Court of Protection deputyship you can apply for (or have us act as) – Property and Financial Affairs Deputies and Personal Welfare Deputies.
Property and Financial Affairs Deputyship – This empowers the deputy to manage issues such as managing income (including state benefits), dealing with cash assets (e.g. savings) and investment, paying for care and other bills and managing or selling property.
Personal Welfare Deputyship – This involves decisions about medical treatment, where a vulnerable person will live, who can have contact with them, ensuring all of their care needs are met and other complex ethical issues.
When Probate is required the assets of the estate are essentially ‘frozen’ to safeguard them against an ‘incorrect distribution’ to the wrong people.
This means that without the Grant of Probate a property cannot be sold and the deceased’s bank accounts and other financial assets cannot be accessed.
A common misconception around Probate is that it is not required if the deceased made a Will. If there is a valid Will it is called a ‘Grant of Probate’ and if there is no valid Will (intestacy) it is called ‘Letters of Administration’.
Court Of Protection FAQs
Who Can Be A Court Of Protection Deputy?
Anyone aged 18 or over can theoretically be appointed as a Court of Protection deputy, however it is most commonly a family member, close friend or solicitor. The Court will generally look at how close a potential deputy’s connection with the vulnerable person is and their ability to carry out the role when deciding who to appoint.
How Do You Assess Mental Capacity?
The decision over whether someone has mental capacity or not will be made by a Court of Protection judge who will rely heavily on the assessment of an independent specialist doctor. Sometimes a vulnerable person may be judged to lack mental capacity in certain areas, but not in others and this is likely to be reflected in the type of Court of Protection deputyship issued.
What Is The Difference Between A Court Of Protection Deputyship And Lasting Power Of Attorney?
A Lasting Power of Attorney is a legal document you can create that gives someone else the power to manage your affairs if you lose capacity in the future. It is a precautionary step you take on your own behalf. A Court of Protection deputyship is something you must apply for to manage the affairs of someone who already lacks capacity. It is a protective measure you can apply for on someone else’s behalf.
Why Use Our Court Of Protection Specialist?
Our Court of Protection team have decades of experience helping individuals and families with all aspects of Court of Protection deputyships