The Court of Protection (CoP) handles a wide range of issues for vulnerable individuals who do not have the mental capacity to manage their own affairs. At Toner Legal, we deal with applications to the CoP and assist clients and their families at what can be a very difficult time.
We can provide advice and guidance on helping someone without mental capacity and represent you or your family member in seeking the court’s authority or ruling, including in complex and time-sensitive cases.
To speak to one of our expert Court of Protection solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.
Our Court of Protection services
We are happy to discuss the CoP service you may need and how we can help you or your relative obtain the authority needed. Our Court of Protection services include:
- Application for a deputyship order
- Advice and guidance for CoP deputies
- Requests for authorisation, for example, to sell property or spend money
- Urgent Court of Protection applications
- Disputes, for example, over mental capacity or whether a decision is in someone’s best interests
- Application to make a statutory Will
What does the Court of Protection do?
The Court of Protection is a specialist court that makes decisions on financial, health and welfare issues for those who have lost the mental capacity to manage their own affairs.
The court has wide responsibility, including:
- Deciding whether someone has mental capacity, if this is in doubt or has been challenged
- Appointing a deputy to act on behalf of someone who does not have mental capacity
- Approving decisions made on behalf of someone without mental capacity
- Dealing with objections to Enduring or Lasting Powers of Attorney
- Approving applications for statutory Wills or gifts
- Deciding whether an individual should be deprived of their liberty
How do I know if my relative needs Court of Protection help?
If you are assisting an individual who cannot make their own decisions, you may need to apply to the Court of Protection for a deputyship order if they have not put a Lasting Power of Attorney in place. A deputyship order would give you the authority to deal with specified matters on their behalf.
When there is a question about whether someone has mental capacity or not, medical professionals with expertise in this area can be asked to provide a report giving their opinion.
If you are concerned about a relative and you believe they may require your assistance, please feel free to call us for a chat. We understand how difficult this issue will be, and we will do all we can to help you and advise you on the next step.
How do I get a deputyship order?
An application needs to be made to the Court of Protection if you wish to become a deputy. There are two types of deputies: one for personal welfare matters and one for property and financial affairs.
Before making the application, you need to advise the individual of your intention. You must explain why you are applying, tell them that you do not believe they can make decisions for themselves and explain how deputyship works. They need to be given details of where they can obtain independent advice.
You will also need to tell a minimum of three individuals who know the person in question. This could be relatives, social workers or doctors. They will need to complete a form and give it to you to send with your application.
There are supporting documents to be completed and sent with the application. We routinely obtain deputyship orders for clients who need to support a relative and we can deal with an application on your behalf, ensuring that the correct information is provided, notice given to individuals as necessary and an assessment of capacity provided for the court.
Do I need Court of Protection consent to sell my relative’s house?
Even if you have a Lasting Power of Attorney, you will often need separate CoP consent to sell a property on behalf of the person you represent. We can advise you as to whether this is the case and, where necessary, draft the application and send it to the court for approval.
What is a statutory Will?
A statutory Will is one made on behalf of an individual who does not have the capacity to make their own Will. Statutory Wills are made by the CoP following an application, usually by a deputy, a beneficiary under an existing Will or someone who might expect financial support from the individual.
It is necessary to provide evidence that the proposed Will is in terms that you believe the individual would have chosen themselves. Details of their financial situation, family situation and obligations will need to be given to the CoP to assist it in reaching a decision.
Can I get an emergency Court of Protection order?
In some cases, an urgent decision may need to be made on behalf of an individual. Where necessary, we can apply to the CoP for an emergency order. This will usually be in cases where the individual’s welfare is at stake.
It is also possible to obtain an urgent interim order if you have applied to become a deputy but your application has not been processed. The court can authorise a single issue, such as a payment for care.
Contact our Court of Protection Solicitors
If you need advice or representation in order to assist someone who does not have mental capacity, please contact us today and we will do all we can to help.
To speak to one of our expert Court of Protection solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.