Court of Protection

There may come a time when a family member or friend is unable to make significant decisions for themselves. Illness, such as dementia, a stroke or perhaps an accident or brain injury, are all too common.

Without a Lasting or Enduring Power of Attorney in place, it may be necessary for an application to be made to the Court of Protection. In this case an appropriate Order is obtained to authorise a Deputy to act on their behalf and in their best interests.

Appointed by the Court of Protection, the Deputy manages the property and affairs, and in some cases the Health and Welfare, of someone who lacks the mental capacity to make their own decisions. A Deputy is usually a family member or friend, but in some cases it can be a Solicitor or other professional.

You can apply to be appointed as Deputy for your loved one, and if you are appointed, you will receive a Court Order advising on what you can and cannot do, to act in a person’s best interest, as set out in the Mental Capacity Act 2005 and the Mental Capacity Act Code of Practice.

We have a wealth of experience in applying for Deputyship orders and are happy to advise you on individual circumstances. Our partners are also professionally appointed Deputies experienced in the practices of the Court of Protection and the Office of the Public Guardian.