Court of Protection and Deputyship Solicitors

Life is full of unexpected events and you may find yourself in a position where a loved one is no longer in a position to make financial or health and welfare decisions for themselves.

In such a situation, and where there are no Powers of Attorney in place to cover such aspects, you can make a Court of Protection application to be appointed as Deputy to assist with such matters, and ensure the safeguarding of the vulnerable person. This can include having the ability to assist with matters or make decisions when needed.

What does the Court of Protection do?

If a person becomes incapable of making their own decisions and there are no arrangements in place, such as a lasting power of attorney, an application to the Court of Protection can be made to appoint a deputy.

The Court of Protection receives a number of applications and the court has the power to:

• decide if the subject of the application has mental capacity to make their own decisions in respect of a certain matter (be it property and financial affairs or their personal welfare)
• receive objections to registering a Lasting or Enduring Power of Attorney
• decide whether a Lasting or Enduring Power of Attorney is valid
• make decisions on behalf of the subject of the Court of Protection application, including issuing declarations and orders regarding financial and welfare matters
• appoint someone to act as a deputy to make decisions for someone who lacks the capacity to do this for themselves
• remove a previously appointed deputy or attorney who has failed to carry out their duties, is no longer capable or has acted outside of the scope of their authority

How do you make an application to the Court of Protection?

The process of making a Court of Protection application is far more complex than that which is required when making a Lasting Power of Attorney (or an Enduring Power of Attorney made before 1 October 2007) and so it is preferable to make Lasting Powers of Attorney whilst a person has capacity whenever possible to avoid the need to involve the Court of Protection.

As this is not always an option, if you wish to proceed with an application it would be beneficial to employ a Deputyship solicitor familiar with Court of Protection applications to ensure delays are kept to a minimum, meaning your loved one’s affairs, whether personal welfare or property and financial can be administered or safeguarded at the earliest opportunity.

Court of Protection and Deputyship solicitors

So, why use Holmes & Hills Solicitors?

When dealing with such an emotive subject such as safeguarding, especially when acting for a loved one, a supportive and friendly lawyer can make all the difference. You can be sure that the specialist team of Court of Protection solicitors here at Holmes & Hills understand the pressures their clients are under and will work with you to make the Court of Protection deputyship application process as stress-free and efficient as possible.

Holmes & Hills have offices in Colchester (Marks Tey), Braintree, Sudbury, Halstead, Tiptree and Coggeshall and offer appointments face to face, by telephone, or by video conferencing.