Court of Protection

The Court of Protection is the judicial body responsible for deciding whether someone has the mental capacity to make decisions and in the absence of such capacity to assign Deputies to make those decisions. There are two types of deputy:

• Property and Financial Affairs Deputy- This provides authority to pay bills, care home fees, arrange pensions and deal with financial matters generally
• Personal Welfare Deputy – This provides authority to make decisions about matters such as where someone lives or the medical treatment they may receive

Applying to become a Deputy can be a complicated process and a Capacity Assessment form must be completed by a doctor, social worker or psychologist clarifying that your loved one lacks the necessary mental capacity to make decisions for themselves. We can assist you in your application to become a Deputy and provide ongoing support if required to fulfil your obligations, such as completing your compulsory annual report detailing all income and expenditure. As a Court appointed Deputy, any reasonable legal costs relating to your role will be payable from your loved one’s income or assets. Alternatively, we can take on the role of Professional Deputy where no family members are able or wish to act as deputy. You can find more information about becoming a Deputy at https://www.gov.uk/become-deputy