Court of Protection Sometimes, for whatever reason, it might be necessary to apply for a Court of Protection Deputyship. Someone might become suddenly ill or have a serious accident. If they have not put in place a Lasting Power of Attorney, and they are no longer able to make decisions for themselves, then the only option would be to apply to the Court of Protection. Once a person is no longer able to make decisions for themselves it is too late to put a Lasting Power of Attorney in place. CONTACT US

Court of Protection

Sometimes, for whatever reason, it might be necessary to apply for a Court of Protection Deputyship.

Someone might become suddenly ill or have a serious accident. If they have not put in place a Lasting Power of Attorney, and they are no longer able to make decisions for themselves, then the only option would be to apply to the Court of Protection. Once a person is no longer able to make decisions for themselves it is too late to put a Lasting Power of Attorney in place.

The Court of Protection (COP) makes decisions about the finances, property, health and welfare of people who are unable to make decisions for themselves (it should be noted that very few health and welfare applications for CoP are granted).

The Court is based in London and most cases are heard by district judges and a senior judge although

High Court judges will sometimes hear COP cases.

What the Court of Protection can do:

decide whether someone has mental capacity to make a decision

appoint deputies to make ongoing decisions

give people permission to make one-off decisions

handle urgent or emergency applications

consider applications to make statutory wills or gifts

make decisions about when someone can be detained under the Mental Capacity Act.

The deputy’s role and what they can do

A deputy is someone appointed by the COP to deal with the affairs of the patient.

There are two types of deputy who can deal with property and financial affairs or personal welfare. A property and financial affairs deputy will take full control of the patient’s financial affairs; paying debts, applying for benefits or even selling their home to pay for care fees. A personal welfare deputy will make decisions about medical treatment.

Only a professional deputy can be paid for dealing with financial affairs under a deputyship order. However, deputies can receive reasonable expenses.

Reporting to the Court of Protection

As a property and financial affairs deputy, the Court will expect you to complete an annual account about the decisions you have made, so it’s important to carefully record everything you do.

Ending a Deputyship Order If you can no longer act for the patient another application to the COP will be needed for a new deputy to be appointed. Otherwise, an order will end either on the death of the patient or if they regain capacity.

Costs of applying to the Court of Protection

The Cost of applying for a Court of Protection Deputyship is quite expensive, often with ongoing fees year on year for the lifetime of the patient.

Is there an alternative to the Court of Protection? By putting a Lasting Power of Attorney (LPA) in place while your friend or relative has capacity to make decisions for themselves, they can confirm their wishes for their finances, property, health and welfare. They can choose who they would like to act as their attorney, in the event that they should lose capacity. This means everyone will know their wishes in advance and can act on their behalf without having to go to the COP.

Frequently Asked Questions About Court of Protection Deputyships

"What does the COP consider?"

The COP will first assess someone’s mental capacity; they are usually referred to as ‘the patient’ in court. If the COP confirms that a patient lacks mental capacity, they will then look at the application and decide whether to issue a court order.

Find out more about the role of the Court of Protection on the gov.uk website

"What are a deputy’s responsibilities?"

You will help your friend or relative to make decisions or make decisions on their behalf.

You can’t assume that their mental capacity

is always the same, as things can change.

The COP order will tell you what you can and

can’t do.

Helpful information about the role of a deputy can be found on the gov.uk website

"Can I apply to be

a deputy?"

The COP will need to be satisfied that you are fit for the role and there will be some level of court supervision. You can also apply for

‘one-off’ decisions, but these can be complex and will need to involve anyone who might

be affected.

Find out how to become a deputy on the gov.uk website.