Navigating the Court of Protection Process

Amelia Clarke, Court of Protection Solicitor, explains how to navigate the Court of Protection process and what to do if there is no Lasting Power of Attorney in place.

If someone you care for has lost capacity to make their own decisions, managing their health and financial affairs can become difficult.

Do you already have a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) can be used to make decisions on someone’s behalf should they lose mental capacity. However, an LPA can only be prepared when somebody still has the requisite capacity to agree to it. If there is no mental capacity, then a deputyship application to the Court of Protection will be necessary.

If there is ever any doubt as to an individual’s mental capacity, it is important to get this assessed by way of professional assessment. It may be that a Lasting Power of Attorney can be prepared promptly by one of our experienced lawyers before any further deterioration in the person’s condition.

Making an LPA is a considerably quicker and less expensive process than a deputyship application, so it is important to act now.

No LPA in place? You may need a deputyship order

Like LPAs, deputyship can be granted for both financial and for welfare decisions. Although, the court will usually only appoint a personal welfare deputy where there is doubt whether decisions will be made in someone’s best interests, or where a specific decision needs to be made.

Deputies are usually relatives or close friends of the person lacking capacity, and the application process to become appointed involves several forms, service/notification on interested parties together with a professional assessment of capacity.

You will be required to prove your suitability to be appointed as deputy, and the Court will assess this based on the information that you provide.

Seek Holmes & Hills can help

Holmes & Hills have offices in Colchester, Braintree, Sudbury, Halstead, Tiptree and Coggeshall and offer appointments face to face, by telephone or by video conferencing. Furthermore, we are able to offer home visits where necessary to accommodate our clients needs, meaning we can bring our specialist services to you.

Deputyship applications can be complex and time consuming. Our friendly team are here to help, whether you wish to commence an application or need help to complete one, contact us today to book an appointment so that we can get you the help you need.