Our Wills & Probate solicitors can advise you on all aspects of wills and probate law including Court Protections.
Send us a confidential message. Our initial call is always a no-obligation consultation.
At Wildings Solicitors, we understand the importance of planning for the future. Whether you’re safeguarding your family’s inheritance, navigating the complexities of probate, or ensuring your loved ones are protected, our experienced team of wills, probate, and court protection specialists is here to guide you with compassion and expertise.
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Applications to Court of Protection are commonly made in the following situations:
There is a generalisation that it is only elderly people who should consider LPA (lasting powers of attorney). Even when we are young, we can find ourselves incapacitated owing to illness or injury, and you may need a reliable person who can manage your personal affairs. For this reason it is important that everyone has LPA in place. There is an assumption that if someone was to lose mental capacity, your family can access your money to pay for care. This is not the case and even joint accounts can be frozen.
Contact our private client solicitors for a initial consultation today. Freephone 0330 333 8797, request a callback or email us at info@wildings-solicitors.co.uk
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General Quesitons
The Court of Protection has jurisdiction to appoint a person to make decision on behalf of another person who lacks capacity (under the Mental Capacity Act 2005).
A Deputy is a person appointed by the Court of Protection to deal with either, or both of the following:
The Court of Protection will only appoint a Deputy if:
It is important to consider a deputyship in circumstances where the person who lacks mental capacity and who has assets that need to be administered or decisions need to be taken about the persons personal welfare.
For example, a person with a brain injury would need to have a deputy appointed to administer a court settlement for pay for any ongoing care. Other circumstances include a person with dementia who may need to access any savings held in their bank account to pay for care home charges.
A Deputy is a person appointed by the Court of Protection to deal with either, or both of the following:
Any persons over the age of 18 can be a deputy. The prospective deputy must declare any criminal convictions or bankruptcy arrangements to the Court of Protection when applying to become a deputy. Failure to declare this can result in the application being refused.
In most cases, a spouse, partner or a close relative will be a deputy. If there is no one who is willing or able to take the role as a deputy, the local authority or a professional deputy (such as a Solicitor) can be appointed.
The person who lacks capacity is often referred to as ‘P’, The person appointed is called a deputy.
Section 18(1) of the Mental Capacity Act 2005 lists the powers the Court of Protection may authorise a deputy to exercise in relation to P’s property and affairs. This list is indicative and subject to restrictions:
It is not possible for the Court of Protection to give property and financial affairs in the following circumstances:
Section 17 of the Mental Capacity Act 2005 lists the powers that the Court of Protection may authorise a deputy to exercise in relation to personal welfare. Again this list is indicative, not exhaustive and subject to restrictions:
It is not possible for the Court of Protection to give personal welfare deputy power to:
Section 20 of the Mental Capacity Act 2005.
The scope of the deputy’s powers depend on the terms of the Court of Protection order (the deputyship order) appointing him, and the deputy cannot exceed those powers. The order can give wide powers to the deputy, or set limits to those powers.
The Court of Protection approaches the appointment of deputies for personal welfare with more caution and orders contain narrower powers. The Court of Protection decides whether it is in the persons interest to appoint da deputy and what powers are appropriate.
All deputies must act within the following principles set out in the Mental Capacity Act 2005:
In addition to the above principles, the Court of Protection places a number of obligations to safeguard the person lacking capacity. These include obtaining a security bond, supervision and filing annual reports and accounts.
At Wildings Solicitors, our experienced team can assist you with preparing applications on behalf of prospective deputies. We can assist you with liaising with the Court of Protection, provide advice and support in relation to managing your deputyships and making future applications.
In most cases we can offer fixed fee packages. Where we are unable to offer a fixed fee packages because the work you have instructed us to do is outside the fixed fee package, we will provide you with full details of our fees, court fees and any additional fees from the outset.
Send us a confidential message. Our initial call is always a no-obligation consultation.
862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
0330 333 8797
info@wildings-solicitors.co.uk
Monday to Friday
9.00am - 5.00pm
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.