Wills, Tax & Trusts

Court of Protection

 

The Court of Protection is the specialist court with jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.

However, the Court can also give powers to someone else, such as a member of family, friend or professional adviser, if there is a need for decisions to be made on an ongoing basis. If the Court gives these powers to somebody else, they are known as a Deputy. If a person wishes to be appointed as a Deputy, an application must be made to the Court for an order appointing them in this capacity.

There are two types of Deputyship Order as follows:-

Property and Affairs Deputy – this allows a named individual to make decisions about property and financial affairs including the sale and purchase of property; and

Personal Welfare Deputyship – this allows a named individual to make health and welfare decisions on the person’s behalf, such as what medical treatment they are to receive and how they are looked after.

If the application is successful, the Court will grant the Order setting out the Deputy’s specific powers in relation to the person’s property and financial affairs or personal welfare. Once appointed, the Office of the Public Guardian (OPG) will help the Deputy carry out their responsibilities. The Deputy must always act in the person’s best interests and follow the rules of the Mental Capacity Act.

Everys can guide you through the complexities of making an application to the Court of Protection. Please contact one of our lawyers on 01823 337636 to discuss how we can assist, or complete the form and we will be in contact.

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