Court of Protection

The Court of Protection will decide if a person no longer has the mental capacity to make financial or welfare decisions for themselves. If an Lasting Power of Attorney has been set up then this is set in place, if not then the Court of Protection will appoint a deputy - an individual who can legally make decisions on behalf of another person.

There are two types of deputy, similar to those of Powers of Attorneys:

A property and affairs deputy - someone who will manage a person’s financial and property matters on their behalf, such as managing bank accounts, paying bills / care home fees and selling property.
A personal welfare deputy - someone who can make decisions about a person’d health and welfare, such as living arrangements, medical treatment and day-to-day care.

We provide expert advice in the following areas:

If a loved one no longer has mental capacity to manage their own affairs, we can help with the following applications:

The application for an individual to be appointed the Deputy with the Court of Protection in order to manage the financial and property affairs of a family member.
The application for a member of our department to act as a Professional Deputy on behalf of clients. This is particularly relevant where there are no family members available to take on this role.
The management of the financial and property affairs on behalf of the client upon an ongoing basis.

How can Jordans Solicitors Help?

Our highly experienced lawyers are specialists in this area of law. They are here to listen to your wishes and to provide expert advice whilst being committed to excellent client care through a client focused, efficient and cost effective service.

You can contact us on 0330 300 1103 or request a call-back below.

FAQs

The Court of Protection makes financial or welfare decisions on behalf of people who are unable to manage their own affairs due to their mental incapacity. The Court of Protection can:
- Decide whether a person has the mental capacity to make financial or welfare decisions for themselves or if it is necessary to appoint a deputy.
- Legally appoint a Deputy to make decisions on behalf of the person with incapacity
- Grant permission for a family member to make a one-off decision
- Make decision on emergency applications that have tight deadlines and/or timeframes
- Decide on applications for making wills or gifts
Deputies must be over 18 and not have a criminal record or ever been declared bankrupt.
A Deputy can either be an individual known to the person who lacks capacity, usually a relative, or you can have a Professional Deputy. A Professional Deputy can be an individual solicitor or a trust corporation. This is usually the option preferred if the person does not have any relatives who can take on the role of a Deputy.
You can also have two or more people who are appointed as joint deputies.
The only way to avoid this process is by planning ahead when you can and getting a Lasting Power of Attorney. You put it in place when you are fit and able to do so and we store them on your behalf. It will only come into effect upon your instructions or if you were to lose the capacity to make your own decisions. This would avoid the need for family members to make an application to the Court of Protection.
A key advantage of a Lasting Power of Attorney is that it is set up and ready for use the moment it is needed, whereas the appointment of a Deputy takes time to set up after the point at which it is needed. This can be costly and cause serious inconvenience and worry to the people looking after you (for example regarding the payment of nursing home fees). For more information see Lasting Powers of Attorney.

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And because we understand that life is busy and it’s not always easy to take time out during standard working hours, our team can also offer out of hours appointments including evening and weekends as well as home visits, should you instruct us.

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Lisa has been a wonderful help to our family. Her insightful and experience took away much of the worries. She did only needed certain details to get the things sorted. So impressed how smoothly and quickly things took place without any problems. Thank you Lisa McGirr at Jordans Solicitors Dewsbury.

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Arranging the meeting was very easy & efficient. The meeting was both friendly and courteous, everything was explained and our questions answered. The production of documentation was on time and we were proactively chased up on a delay to our return of signed documents, which we found good, as in our experience other solicitors in other practices have not been proactive. We now await the LPAs being registered

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My experience with Jordans has been brilliant. The process has been clearly explained throughout, and breakdowns of cost provided. The team have been responsive and advised on queries clearly to help navigate the process.

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