When someone loses the capacity to act of their own accord, whether through old age, mental illness or an accident, it can put a great deal of stress on loved ones and can complicate acting in the best interests of those affected. If a Power of Attorney is not already in place, then a Deputyship can be applied for through the Court of Protection so that the “Deputy” can help manage the affairs of those who find themselves unable to do so.
What does the Court of Protection mean?
The Court of Protection is a dedicated legal body that oversees decision-making for individuals who cannot manage certain matters independently. Established under the Mental Capacity Act 2005, it deals with issues involving finances, property, health, and personal welfare. Where appropriate, the court can authorise another person, commonly a family member or trusted individual, to act on their behalf.
What does the Court of Protection do?
There are many situations and circumstances where the Court of Protection might get involved. In all cases, their aim is to do the best for a vulnerable person by protecting their rights and welfare. Listed below are some of the other important matters the Court of Protection can oversee.
- Appointing a deputy.
- Deciding whether a decision taken on behalf of a person is appropriate.
- Settling disagreements on mental capacity that can't be settled elsewhere.
- Challenges to an authorisation for the deprivation of liberty safeguards or disputes about their use.
- Removing an attorney under a lasting power of attorney or removing a deputy.
- Making an urgent healthcare or personal care decision where there is no Deputy or Power of Attorney.
- Deciding whether an advance decision or LPA is valid.
- Approving a Statutory Will.
What does a deputy mean?
A deputy is an individual appointed by the Court of Protection to make decisions for someone who no longer has the capacity to act independently. A deputyship is only required where no valid Lasting Power of Attorney exists. Two types of deputy may be appointed: one responsible for personal welfare decisions, and another authorised to manage property and financial affairs.
Who can become a deputy?
A deputy may be appointed from a wide range of individuals, most commonly a close family member or trusted friend. In certain situations, particularly where matters are complex, the Court of Protection may appoint a professional such as a solicitor. Those applying to manage property and financial affairs must demonstrate appropriate experience and capability. Taking on this role involves significant responsibility and requires careful consideration. Applicants are also required to provide details of their financial background to satisfy the court that they can manage their own finances competently before acting for another person.
Statutory Wills
Making or altering a will for an individual who lacks the capacity to do so themselves can be done through the Court of Protection with a Statutory Will. The need to do so might arise due to factors such as a severe brain injury, illness, or dementia, if these have impeded their ability to comprehend the implications of making or altering a will.
The eligibility to apply arises when the person in question cannot grasp the significance of creating or amending a will, comprehend their financial status or assets, or understand the potential impact on individuals mentioned in the will or those not included. This is a complex area of law and is best discussed with a solicitor.
What can Funnell & Perring do?
We are here to help. Our experienced team is able to:
- Advise on the best course of action,
- prepare the documents needed for your application,
- make any applications on your behalf.
Our fees
Due to the complex nature of the work, we can only give the best estimate of costs until we are familiar with your particular circumstances and the amount of work needed. Hence, our estimate is in a wide range of £2000-5000, assessed on a case-by-case basis.
To discuss whether we are able to assist, please call or arrange to speak to one of our Court of Protection team on 01424 426287.
FAQ’s
How long does it take to get a deputyship order from the Court of Protection?
The time needed to obtain a deputyship order varies depending on the circumstances and the court's workload. As each application is different, we can advise you on the process, prepare the required documents, and manage your application from start to finish.
Can more than one person be appointed as a deputy?
Yes. The Court of Protection can appoint more than one deputy if it considers this to be in the person's best interests. The court will decide how deputies should act, whether jointly or separately, based on the circumstances of the application.
How much does it cost to apply for deputyship through the Court of Protection?
As every deputyship application is different, costs depend on the complexity of the case and the work involved. At Funnell & Perring, our estimated fees generally range from £2,000 to £5,000, with each matter assessed according to its individual circumstances.
Can Funnell & Perring help with a Court of Protection application from start to finish?
Yes. We can advise on the most appropriate course of action, prepare the documents needed for your application, and submit them on your behalf. We will guide you through each stage of the process and explain what is required based on your circumstances.
