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.
Court of Protection Deputy
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.
Court of Protection Deputy FAQs
Below, we have answered some frequently asked questions about becoming a Court of Protection Deputy:
Who can act as a Court of Protection Deputy?
The Court is usually willing to appoint a family member to act as Deputy as long as they:
- Are over 18 years of age;
- Are not bankrupt; and
- There is no objection from other concerned parties.
In certain instances, such as where a large personal injury settlement is due to be received, the Court may prefer to appoint a Professional Deputy (generally a solicitor) who is experienced at handling large sums of money and dealing with complex financial arrangements, such as the employment of carers.
How is a Court of Protection Deputy appointed?
It’s a simple process, based on the following steps:
- An expert medical practitioner is asked to provide a report confirming that the individual lacks the mental capacity to manage their affairs
- An application is then prepared and submitted to the Court. This will include the capacity report as well as details of the individual’s finances and present situation
- The Court will formally issue the application, and notices will then be sent to certain people who can object if they do not agree with the appointment
- An Annual Surety Bond is set up. This will compensate the individual if the Deputy misuses their money
- The Deputyship Order is then issued by the Court.
What does it cost to set up a Court of Protection Deputyship?
Our costs in dealing with the Court application are £950 plus VAT. A Court fee of £385 is also payable.
Annual Bond fees can range from £80 to £400, and the medical practitioner may also charge for the capacity report.
There will also be on-going annual costs which we can discuss with you. Should a professional be appointed as a Deputy then these costs may be substantial.
These fees are our standard costs but these charges may be higher if your case is more complex. If this is the case then we will provide you with a quote. However, in the vast majority of cases our standard fees will apply.
What do I do if I want to set up a Court of Protection Deputyship?
Our Court of Protection team
- 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 call 0800 024 1976 or contact us via our online form to discuss how our specialist Court of Protection team can help you.
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