Court of Protection & Deputyship Matters
Setting up support for years to come
Court of Protection & Deputyship Solicitors
It’s always a difficult situation when someone you know loses the ability to make considered decisions for themselves, especially when their affairs begin to unravel. In most cases, watching from the side lines is not an option and we can help you take positive steps to safeguard and manage that person’s affairs in the event they do not have powers of attorney in place.
If a member of your family or a close friend loses their capacity and they have not previously prepared valid Lasting or Enduring Powers of Attorney, an application to the Court of Protection to appoint you as their Deputy is the only option if you wish to manage their affairs on their behalf.
How we help you
Applications requesting the court to appoint you as a Deputy can take many months and the paperwork required as part of this process is extensive and demanding of your time. Our Court of Protection solicitors help you to gather the information required to complete the forms, compile, and interpret the information before submitting the application to the court on your behalf. We’ll prepare a deputyship application tailored to your needs, taking into account particular decisions you may need to make on your loved one’s behalf – which may include selling their property or delegating investment management to discretionary fund managers.
Our Deputyship solicitors will liaise with the appropriate medical professionals to obtain the necessary mental capacity reports to support your application and ensure the terms of their instruction is appropriate and will result in a report that meets the court’s requirements.
Dealing with the Court of Protection can be a daunting experience, their expectations on applicants are high and there are strict deadlines to meet as part of the application process. We ensure the application progresses smoothly by anticipating potential issues and putting steps in place to mitigate the risks of additional queries being raised by the court.
Applying for Deputyship
A successful Deputyship application can offer you a lifeline as a last resort when trying to access bank accounts, sell a property, make a gift, put a statutory will in place or in a crisis situation, for example. The application can be complicated and we’re here to help manage the legal process, allowing you to focus your attention on the loved one or friend in your care.
If you want to manage someone’s affairs but they do not have a Power of Attorney in place, you need to apply to the Court of Protection to be appointed as their Deputy.
Becoming a court appointed Deputy can be an onerous responsibility – you are directly accountable to the Court of Protection for your actions undertaken in your capacity as Deputy. We can help you meet these demands and take the administrative burden off you, enabling you to spend your time with the person in your care and concentrate on their needs.
Each and every decision you make must as their Deputy be in their best interests. This is a subjective test but we can help ensure you have taken into account all relevant factors and indeed, disregarded all irrelevant factors before reaching a decision.
Why choose Shakespeare Martineau?
We advise you of your options should you wish to manage someone’s affairs on their behalf and take you through the process of applying to the Court of Protection to be appointed as Deputy. We often engage with newly appointed Deputies to assist them in fulfilling their obligations for many years and build strong relationships with them and the person in their care.
Trusted advice with a personal touch
Our advice is always born out of listening closely to your individual situation, and that of the person who has lost capacity. We understand that when starting this process it can be extremely difficult to face up to and manage the implications of someone losing their capacity, and we work hard to make the process as smooth for you as possible.
Your journey through the legal process
Not everyone is aware of how the process of engaging court of protection solicitor works, so we’ve provided an overview below to give you some peace of mind:
- Once you’ve submitted a contact form via the enquire now panel to the right of this page, a member of our team will call you back to discuss your enquiry
- You’ll then receive an initial consultation within 24 hours via Zoom or telephone to understand in more detail the issues you’re facing
- Should you then decide that you wish to use our services, you’ll receive a breakdown of all our costs and a pack of on-boarding documents. We will work closely alongside you to ensure that whichever private client service you are interested in we are here to support you and find you the right solution
Frequently asked questions
We've put together a short list of commonly asked questions to help you understand more about the Court of Protection and deputyship matters.
If you have any further questions, please do not hesitate to get in touch
The Court of Protection is a specialist court that can make decisions on behalf of people who do not have sufficient mental capacity to make their own decisions. There are lots of reasons a person may lack the mental capacity to make their own decisions. It could be as a result of a brain injury following an accident, ongoing mental illness, or it could be due to a birth injury such as cerebral palsy. Dementia and learning disabilities are also common reasons why the court may be asked to make a decision on somebody’s behalf.
There is a formal procedure to follow when making a deputyship application, including a series of forms setting out the order you are asking the court to make, the assets of the person who doesn’t have capacity and the details of that person’s family and close contacts, as well as a declaration that the deputy needs to sign.
A crucial part of the application is a statement from an expert that the person does not have capacity to make their own decisions. This needs to be completed on a prescribed form COP3.
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