Court of Protection

The Court of Protection is a specialist Court established to deal with matters regarding people who lack the mental capacity to make decisions for themselves.

If a person can no longer manage their financial affairs and they do not have the capacity to make a Property and Finance Lasting Power of Attorney then an application can be made to the Court of Protection to appoint a ‘deputy’ to look after their affairs. Once the appointment has been made the deputy can make decisions on that persons behalf, similar to an attorney but a deputy has to report to the Court of Protection on an annual basis. The deputy will need to keep accurate records in order to complete the annual report.

A medical report is required to support the application and notices have to be served on appropriate people to give family and interested parties an opportunity to object and take part. Most applications are a paper work exercise but if any objections are raised a hearing will be held before a Judge.

A court order will set out who the deputy is and what the deputy can do, the deputy will also need to take out an insurance bond, set by the court based on the size of the named person’s estate. There may be a need for a further order from the court if a deputy needs to do something that is not permitted within the order.

Making an application to the Court of Protection can be a lengthy process involving a lot of paperwork and I often find that when a family requires a deputy to be appointed it is often at a time of a family crisis. Normally something needs to be done on behalf of a family member and it cannot be done without a deputy leaving a family member in a vulnerable position. Our solicitors can take away this added pressure and guide you through the process having expertise in this area.

The deputy can be a friend, family member or a professional such as a Solicitor depending upon who steps forward to assist. Waddington’s act as Deputy for a number of clients and would be happy to assist clients if they wish.

If you would like to talk to someone about getting help with Court of Protection, then please us at contact Burnley 01282 426666, or Blackburn 01254 913203 or email enquiries@waddingtonandson.co.uk and one of our team will be only too willing to help you.