Court of Protection Applications

If a friend or family member has lost capacity and they need assistance with dealing with their financial affairs it will be necessary to apply to the Court of Protection to appoint someone to act as a Deputy on their behalf. The Court of Protection is a Court that oversees each application 

If you have concerns about a friend or family member please call the office on 01283 543227 to discuss the matter further. 

Who can apply & what can a Deputy do?

Any family member or Solicitor can apply to the Court of Protection to be appointed as a Deputy. The Deputy must be over the age of Eighteen years and not be bankrupt or have a criminal record.

If the Court of Protection are happy with the application, the Deputy will be appointed by Court Order, and they will have the authority to act on behalf of the person in dealing with their financial affairs.

The Court of Protection monitor each Deputy closely and they request that the Deputy produces accounts on a yearly basis showing all funds received and paid out.

If a property needs to be sold a separate application will need to be made to obtain authority. If one off gifts are required then a further application will need to be made. If a Deputy makes a decision without authority of the Court of Protection then they may be removed as Deputy or asked to reverse the actions made.

Can a Deputy be appointed to make Health & Welfare Decisions?

The Court of Protection do not normally appoint a Deputy to deal generally with health and welfare issues. An application can be made to make a one off decisions.

How long does it take to receive the Court of Protection Order?

Unfortunately the Court of Protection are currently experiencing long delays and the application could take up to twelve months to be finalised. An emergency application can be made if there are urgent matters to deal with.

How much does it cost to make a Court of Protection Application?

The Court of Protection fix the amount Solicitors can charge to make a Court of Protection Application. The fees are currently fixed at £950.00. In addition to these fees will be an application fee of £371.00 and a doctor will have to complete a mental capacity assessment which normally costs in the region of £250.00.

If you require assistance please call the office on 01283 543227 to discuss your matter further.