Court of Protection Specialist court of protection solicitors in Milton Keynes

The Court of Protection can give you the authority as a Deputy to act for a loved one in this situation in dealing with their affairs, or as a Trustee if they were themselves having to manage a trust of some form.

Application to the Court of Protection is made by someone who will become a legal representative for the person who has lost capacity. This is usually a relative or close friend, but if no-one is able to take on the role, the Court can appoint a Panel Deputy.

We understand that this will be a difficult time for you and we will do all we can to offer our help and advice throughout. We are happy to discuss the options with you and to answer any questions you may have.

How to apply to the Court of Protection for a deputyship order or a trustee order

To take on the role of deputy or trustee for someone who is no longer able to manage their own affairs you have to make a formal court application. This involves a number of court forms, but our services include preparing these for you, based on your knowledge of your case.

We will also help you obtain the necessary certificate for the Court that shows to the Court that the person concerned does not have mental capacity. The Court cannot do anything without this certificate.

You will also be required to notify certain people that you have started the application process. This includes the person for whom you wish to act and their relatives and close friends.

You can ask for a deputyship for the following matters:

• Property and financial affairs; and/or
• Health and welfare.

If the Court agrees to your request to become a deputy, it will issue an order outlining your powers and responsibilities.

Which is best, a Court of Protection order or a Lasting Power of Attorney?

If your relative still has the capacity to make decisions, they may want to consider putting a Lasting Power of Attorney in place, which is quicker, less costly and easier than making an application to the Court of Protection once capacity has been lost.

A Lasting Power of Attorney gives an attorney similar rights to deal with property and financial affairs as well as health and wellbeing that a person has for themselves, so it is a much more personal arrangement.

A deputy has more ongoing reporting responsibilities than an attorney and will be required to send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions they have made on behalf of the individual and giving financial information, if they are dealing with their financial affairs. There are ongoing, annual fees payable to the Court in most cases, that are avoided if a Lasting Power of Attorney is made in time.