Cohen Knights

Court of Protection

We are pleased to offer help with Court of Protection and Deputyship Orders

Why is Deptyship needed?

Once an individual no longer has capacity to manage their property and financial affairs (or in fact never had this capacity) then it is not possible to put a Lasting Power of Attorney in place.  Instead, an application needs to be made to the Court of Protection for someone to be appointed as the individual’s Deputy.

For more on the following topics read below; 

For initial guidance about Court of Protection and Deputyship Orders call our advisors in Norfolk and Suffolk on 0333 1300 509 or contact us online and we will help you.

Court of Protection and Deputyship Orders

Once an individual no longer has capacity to manage their property and financial affairs (or in fact never had this capacity) then it is not possible to put a Lasting Power of Attorney in place.  Instead, an application needs to be made to the Court of Protection for someone to be appointed as the individual’s Deputy.

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The Court of Protection?

The Court of Protection is the Court responsible for making decisions relating to the management of finances and other affairs on behalf of people who no longer have Mental Capacity.  An application to the Court of Protection would be made on behalf of you or your relative if either of you are unable to give instructions or make decisions relating to your finances, where you will live or in respect of your care.

The Court has the power to: appoint Deputies to manage the affairs of persons who do not have the mental capacity, make Statutory Wills and remove Attorneys/Deputies who are not acting in the best interest of the person who lacks capacity.

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Attorney/Deputy Mismanagement of Finances

Mismanagement of a person finances happened all too common and is often in the press. This is very serious.  

If you have concerns that an Attorney or Deputy is failing to act in the best interests of the person who lacks mental capacity, please contact us, so we can advise accordingly.

We can make sure you are acting correctly as an Attorney or a Deputy and can give you the proper advice to protect yourself and the person you are acting for.

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Why would I need a Deputyship?

If someone does not have a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) in place and lose mental capacity, then your family/loved ones will not be able to make decisions legally on their behalf. A Deputyship Order will enable decisions to be made on behalf of the person who lacks capacity.

Therefore, if you need decisions to be made in relation to your financial affairs, or what medical treatment you may want, and you do not have the relevant documents in place, an application to the Court of Protection will be needed to appoint a deputy to make decisions on your behalf.

A Deputyship is the only way of getting the required legal authority to make decisions on someone’s behalf, especially if that person no longer has the ability to grant an LPA. The application is only the beginning of a longer process. If you do become someone’s deputy, there are continuing duties and responsibilities that you will be expected to carry out in the future. You should think carefully about what is involved, and get further advice if you need to, before going ahead.

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Deputies

A ‘deputy’ is very similar to that of an appointed Attorney. However, your deputies are appointed by the Court of Protection to manage your affairs if you lack the mental capacity to manage them yourself. There are two different types of deputyship for different types of decisions: one for a person’s Property and Financial affairs, and one for decisions about their Personal Welfare.

A deputy is usually a relative or a friend, but in some circumstances, it could be a professional such as a solicitor or accountant, or it could be another professional appointed by the Court. Professional deputies will charge for their time, and their fees are normally paid out of the person’s finances. To become a deputy, you must be at least 18 years of age and agree to your appointment.

It is possible for a person to have two or more deputies. The Court of Protection will tell you how to make decisions if you are not the only deputy.

If you need any assistance in making an application to the Court of the Protection, we can assist you in completing this process.

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