Court of protection

Whilst many people will have put their affairs in order and will have a Lasting Power of Attorney (or the former Enduring Power of Attorney) in place to allow someone to manage their affairs if they became unable to themselves, unfortunately for some people, they may not have made this provision.

If they do not have a Power of Attorney in place and become unable to manage their financial or health affairs, their loved ones may have to apply to the Court of Protection for help.

The Court of Protection has the power to make decisions concerning a person that is lacking the capacity to make decisions for themselves concerning their financial affairs, and also in respect of health and welfare needs if the Court decides they lack the capacity to make the decision for themselves.

If your loved one does not have the mental capacity, the Court may appoint a Deputy to manage their financial affairs. This may be a family member or a friend, or if there is no one available to act as the Deputy, they may appoint a professional Deputy.

The Deputy will then be responsible to the Court of Protection and be supervised by the Office of the Public Guardian. The Deputy will be required to provide annual reports, setting out what steps they have undertaken for the person for whom they are acting as Deputy, detailing the financial expenditure annually, and any best decisions they have had to make.

The Court of Protection can also make Orders for health and welfare concerns.

In practice, we find that the Courts are reluctant to appoint a Deputy for Health and Welfare, and instead prefer to deal with matters as they arise. For example, if you did not agree with a decision concerning a care placement, you may need the Court to intervene and make a best-interest decision as to the suitability of the care being offered.

At SME Solicitors, we have the specialist knowledge to guide you through the process of making the application and thereafter supporting you once the Order has been made, advising on the completion of annual reports and if further Orders need to be sought from the Court of Protection.

Call us   Email us