Court of Protection
Powers of Attorney & Deputyships
The Court of Protection deals specifically with matters concerning those that lack capacity to make decisions for themselves. This Court is also responsible for the registration of Powers of Attorney and any disputes that arise in relation to the appointment of attorneys, or the management of affairs by attorneys.
The Court also decides applications for Deputyships where a person has not and cannot make a power of attorney and does not have the capacity to make decisions about their financial affairs, or health and welfare.
Once a Deputy has been appointed, the Court then supervises the Deputy and reviews the decisions made and accounts produced by the Deputy on an annual basis.
Deputyship Orders don’t always have all the powers the Deputy may need, so an application would have to be made to the Court for specific actions. Buying or selling property, for example, is not always in the Deputyship order. In addition, attorneys would have to make an application to the Court to make substantial gifts.
If a person has not made a Will but lacks the capacity to make one then Attorneys or Deputies can apply to the Court to approve a draft Will. This is called a Statutory Will application.
- Our Service
Our Court of Protection team are very experienced in making applications to the Court of Protection to appoint deputies, make specific applications for certain powers and make statutory Wills. We understand that applying to the Court is not an easy process and can be time consuming. We can help by explaining clearly how an application is made and exactly what may be involved.