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Court of Protection Applications

This Court of Protection is responsible for the registration of Lasting Powers of Attorney and any disputes that arise in relation to the appointment of attorneys or the management of affairs by attorneys. The Court decides on applications for Deputyships where a person has not and cannot make a Lasting Power of Attorney and does not have the capacity to make decisions about their financial affairs, or health and welfare.

If a person has not made a Will but lacks the capacity to make one then Attorneys or Deputies can apply to the Court to approve a draft Will. This is called a Statutory Will application. Our Private Client team are very experienced in making applications to the Court of Protection to appoint Attorneys and Deputies, making specific applications for certain powers and also to make Statutory Wills.

Our private client solicitors can help you when a family member becomes unable to manage their own affairs. We advise on matters relating to Lasting Powers of Attorney (LPAs), appointing a Deputy, statutory wills and trusts, and Court of Protection disputes, as well as a wide range of other issues.

What a Court of Protection is

When an individual can no longer make decisions for themselves due to the lack of mental capacity, the Court of Protection is a court which deals with these types of matters and does so under the Mental Capacity Act.

The Court of Protection has the ability to help those who can no longer manage their own affairs; this can include assets such as property, money, health or welfare. The Court of Protection will only move forward with these particular matters once the court is satisfied that the individual lacks in mental capacity.

They can also help to appoint deputies, which is someone who is given the power to make decisions on behalf of an individual who can no longer do so for themselves. A deputy can also be appointed for one-off decisions, depending on the urgency.

What can The Court make decisions about?

Aside from deciding on personal assets and a deputy for an individual, the court also has the ability to make decisions on the following, as per the Gov website.

  • Deciding whether someone has the mental capacity to make a particular decision for themselves
  • Appointing deputies to make ongoing decisions for people who lack mental capacity
  • Giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • Handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • Making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • Considering applications to make statutory wills or gifts
  • Making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

Who can apply to the Court of Protection?

All individuals can apply to the Court of Protection; however there are particular settings which need to be evaluated differently if you are under the age of 18 or the decisions to be made are not for you.

  • Anyone under the age of 18 will require their legal guardian to apply on their behalf.
  • A deputy and/or attorney can apply to the Court of Protection on their behalf without the need to be granted permission first.
  • With granted permission from the Court, family members, healthcare trusts and local authorities can apply on an individual’s behalf.

If you’re someone who would like to apply to the Court of Protection on behalf of an individual, there are several forms that are required to be completed in which our team of Private Client specialists can help you with.

The information provided will outline certain factors such as; financial decisions, treatment given in hospital, the type of health and personal care they would receive as well as the treatment of personal assets such as property or investments.

How Fletcher Day can help

Putting the interests of you and your family first, we recognise that Court of Protection Applications can be emotionally challenging; we adopt a progressive and sensitive approach to advising you on the relevant legal matters.

If you’re looking for more information on how you can become a deputy or Lasting Powers of Attorney for someone, we can provide you with the necessary guidance on how to achieve this and help you with any complexities that may occur along the way.

Find out how our private client solicitors may be able to help you, please send an enquiry.

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