Court of Protection

Emeritus Legal will help with applications to Court of Protection for appointment of a Deputy who will make decisions for someone who lacks capacity.

A Deputy is a person appointed by the Court of Protection to make decisions and administer the property and financial affairs of a person (“the Patient”) who no longer has the mental capacity to do so themselves, and who has not previously made an Enduring Power of Attorney or a Lasting Power of Attorney which has been registered with the Office of the Public Guardian. The Deputy could be a family member, friend or a professional, such as a solicitor.

A Deputy can also be appointed to make health and personal welfare decisions on behalf of the patient, e.g. making decisions about medical treatment and how someone is looked after. You can apply to be a Deputy for one type or both. If you are appointed you will receive a court order directing what you can and cannot do.

We can explain this process to you, advise you on your relative’s or friend’s particular circumstances and complete the application on your behalf. We can also act as Deputies for an individual if there is no close relative or friend able and willing to so.

The Procedure

The process is not quick. There are a number of forms to complete and a set procedure to follow. We will explain the whole process to you. We can advise you on whether the Court’s permission is required and prepare the relevant application forms on your behalf.

We will need a full list of the patient’s assets such as property, shares and premium bonds.

There are also various formalities that have to be observed.  For example, when the application is made other family members and relatives have to be advised about the application.  In addition, during the process an insurance bond (“surety bond”) has to be taken out in order to protect the incapacitated person. A fee exemption may be available for Court of Protection applications if the incapacitated individual has limited income or is on benefits. To reduce financial difficulties it is important to consider the following:

How To Get In Touch

To make an appointment, please call us on 029 2056 7836 and we’ll be happy to help.

If you would prefer to get in touch online, you can email us and we will be in touch shortly.

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