Court of Protection - MLP Law

Court of Protection

Application to the Court of Protection

If your loved one has lost the capacity to make their own decisions without having a Lasting Power of Attorney in place, you can apply to the Court of Protection for a Deputyship Order to make decisions on their behalf for their health and welfare and property and financial affairs.

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    Applications to the Court of Protection can be complicated and problems may arise
    when you need an expert to help you resolve them.

    Request a consultation with one of our experienced lawyers to discuss how we can help you with the Court of Protection application

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    Our specialist Court of Protection lawyers have extensive experience in dealing with disputes within the Court of Protection, assisting with your role and responsibilities as a Deputy and acting as a professional Deputy

    Our services include:

    Non-Contentious:

    • Applying to the Court of Protection for a Deputyship Order on your behalf
    • Advising and assisting you with your role as a Deputy
    • Acting as a professional Deputy

    Contentious:

    • Disputing applications for Deputyship Orders
    • Removing Deputies/Attorneys
    • Challenging gifts made by Deputies/Attorneys
    • Challenging the actions of Deputies/Attorneys
    • Advice regarding The Office of the Public Guardian investigations

    Our Approach

    Our lawyers are dedicated to supporting and acting in the best interest of vulnerable persons.

    We understand the specific requirements for the Court of Protection Deputyship application and can provide legal advice and guidance to ensure the application is completed correctly.

    We handle cases with sensitivity, especially when dealing with contentious disputes or acting as a professional Deputy.

    Testimonial

    “Doris and the whole team at MLP were supportive, efficient and effective. At a difficult time for me personally, and while dealing with some particularly challenging issues, Doris was approachable and never made me feel silly for asking questions or having concerns. Everything was handled with exceptional professionalism while maintaining a personal touch that I found very helpful.”

    Anonymous

    FAQs

    1. What is the role of a Deputy?

      The Deputyship Order details what you can and cannot do as a Deputy. When you have the Order, you are able to start acting on the person’s behalf.

      There are a number of important steps which must be taken including:
      • Opening a deputyship account/security bond
      • Registering your Order with financial institutions
      • Set up a record keeping system for decisions made
      • Registering with HM Revenue and Customs
      • Annual accounts of dealings and decisions

      If you are unsure of how to deal with something or matters become complicated, it is best to seek advice and help to ensure the correct steps are taken in the best interest of the person. Our Court of Protection solicitors are able to provide clear and straightforward advice on deputyship applications and the ongoing management of a person’s welfare and assets.

      We can assist you with any future applications which may need to be made such as selling a property or making gifts.

    2. Why choose a professional Deputy?

      Professional deputies have the advantage of knowledge and experience of these roles and how best to manage the role.

      A professional deputy is responsible for annual reports to account for all funds and decisions made on behalf of the person who lacks capacity. They can also be subject to spot-check inspections by the Office of the Public Guardian to ensure they are fulfilling the role.

      Having a professional deputy relieves the burden of acting from family members and close friends and avoids the risk of conflicts arising. A professional deputy will offer you the peace of mind and knowledge that someone with the requisite experience is professionally managing the affairs.

    3. What is the timescale for a Deputyship Order?

      The process of applying for a Deputyship Order takes around four to six months.

      The application process requires:

      • Completion of the application forms;
      • Organising an assessment of capacity for the individual carried out by a medical practitioner to support your application;
      • Submission of the application to the Court of Protection.

      Delays can occur when arranging the assessment of capacity, or if the Court of Protection is experiencing an increase in applications and their processing time. The Court of Protection may also require further information or documentation before issuing the Deputyship Order.

    4. Who can be a Deputy?

      The deputy can be a professional or an individual. In many cases, family members will apply to become a deputy for a loved one who no longer has the capacity. The Court of Protection will consider the suitability of the applicant before making its decision on whether to grant a deputyship order.

      You can apply to be a deputy if you are aged 18 and over.

    5. Which Deputyship Order do I need to make?

      There are two types of Deputyship Orders, one for financial affairs and one for health and welfare. You can make an application for both, or just one.

      As a financial Deputy, you have the power to:

      • Manage the individual’s cash assets;
      • Sell the individual’s property; and
      • Manage the individual’s investments.

      As a health and welfare Deputy, you have the power to:

      • Make decisions in relation to the individual’s welfare, including where they live;
      • Make decisions about medical treatment and the care the individual receives.

      The Court of Protection is reluctant to make Deputyship Orders for an individual’s health and welfare, and we advise you to seek legal advice regarding your application.

      It is important to note the Deputyship Order will state what you can and cannot do as a Deputy, and you may not have the ability to do all of the above.

    Speak to us to see
    how we can help

    0161 926 1535

    Why choose the mlplaw team?

    • Unparalleled Expertise and Experience

    We are vastly experienced, Legal-500 recommended Wills, Trusts, and Probate experts.

    We achieve successful outcomes for our clients and help them to navigate the complexities of Private Client law.

    Our team includes STEP-qualified lawyers, the highest level of qualification for a Wills, Trusts, and Probate practitioner, and all of our lawyers are members of Solicitors for the Elderly.

    • Your family, your service

    Your family is unique, as are the challenges it faces. That’s why our approach is all about crafting bespoke strategies that fit your specific needs.

    Whether your personal and financial circumstances are straightforward or complex, we can plan and implement effective solutions to achieve the best outcome for you.

    • In your corner from start to finish

    You need someone in your corner who knows you and your situation inside and out. As seasoned experts, we stand by your side from the moment you need us to the conclusion and beyond, representing you and supporting you along the way.

    • We don’t like legal jargon

    Communication is key. We use clear, plain English to explain the law and legal processes to you.

    We are transparent about our costs, offering fixed fees and preparing pricing options for you to choose from, so you are never caught off guard.

    • What our clients say…

    Our Wills, Trusts & Probate lawyers have over 50 reviews on Review Solicitors, demonstrating their commitment to providing excellent service. Here are some short testimonials:

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