Making decisions for your loved ones
The Court of Protection is the specialist Court for all issues relating to people who lack mental capacity to make their own specific decisions. The Court of Protection has the power to make decisions about:
- A person’s capacity to make a decision
- The personal welfare, property or affairs of people who lack capacity
- Serious medical treatment – providing, withdrawing or withholding treatment to a person without capacity
- Appointing a Deputy to make on-going decisions for a person who lacks mental capacity
- A Lasting Power of Attorney or an Enduring Power of Attorney – whether the power is valid, objections to registration, scope of Attorney powers and removal of Attorney powers.
Deputy Court of Protection
If you have not appointed an Attorney in a Power of Attorney or if you do not have the mental capacity to make a Power of Attorney, there might be the need for the Court to appoint a Deputy. You will need to apply to the Court of Protection to appoint a Deputy and the Court will then set out the Deputy’s powers in a Deputy Order:
- If you are appointed as a Deputy for property and affairs, your powers may include receiving benefits, pensions or interest on investments
- If you have been appointed as a Deputy for personal welfare, you may be authorised to make decisions about care or medical treatment
For more information on appointing a Deputy, please visit our Court of Protection Deputy FAQ page.
Our specialist Court of Protection team provide:
- Many years expertise in Court of Protection applications and administration in relation to individual’s property and financial affairs
- Advice on applications for the appointment of a Deputy, making of a Statutory Gift or Statutory Will and the applications in relation to a Trustee who has lost capacity
- Ability to act as a Professional Deputy
- Substantial experience and expertise in contentious Court of Protection work
- Specialist investment advice from our in-house Investment Management team, which includes a comprehensive on-going review service.
Appointing a Deputy and dealing with the Court of Protection can be a complicated, expensive and time consuming process. If you think this may apply to you or a family member, please contact us to discuss how our specialist Court of Protection team can help you.
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