Deputyship
Court of Protection
The Court of Protection is a specialist court for all issues relating to people who “ALREADY” lack capacity to make specific decisions. The Court makes decisions and appoints deputies to make decisions in the best interests of those who lack capacity to do so.
If you know or care for someone who no longer has the mental capacity to make decisions about their own person finances, we would be happy to guide you through the complex process of applying to the Court of Protection so that you (and/or someone else) can make decisions for them.
The Court of Protection application is a three phase process.
We specialise in Court of Protection applications and will be happy to complete all of the paperwork for you to ensure it is fully compliant and is not challenged by the court.
Deputyship or LPA?
It is important to know the difference between deputyship and Lasting power of attorney (LPA). An LPA is a legal document that allows someone to choose who they would like to make decisions for them in the future, if they cannot make them themselves. Deputyship is used if the person has already lost the capacity to make an LPA, and someone has to request the ability to make decisions on their behalf.
If the person you care for still has capacity to grant an LPA, this is probably a better option for the following reasons:
- an LPA allows the person to choose who they want to make decisions
- it may be reassuring for the person to make an LPA and give them a feeling of control at a time when they might be worried about the future
- LPAs are cheaper than deputyship
- it can take a long time to arrange a deputyship which can cause problems for families in the meantime, for example if bills have to be paid
- deputyships for health and welfare decisions are rare, whereas it is possible to have an LPA for those.
However, if the person involved has already lost capacity to make an LPA, it will be too late to do that, and deputyship may be the only option. Request a FREE CONSULTATION with us and we’ll help you understand the next steps.
Swift, Professional & Compassionate
The whole process from receipt to completion by the Court should be around 10-12 weeks, however, we have to adhere to their timescales depending on their workload.
Phase 1 (Application Phase)
Completion of a number of different forms providing the court with specific detailed medical information, financial information and details about the proposed deputies.
Phase 2 (Notification Phase)
A time critical phase where notice of the application has to be given to close relatives which are not involved.
Phase 3 (Administrative Phase)
The final phase will be completion of the Guarantee Bond as stipulated by the Court.
Request a FREE CONSULTATION with us and discuss the best options based on your circumstances.
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