It can be an extremely challenging time if a family member loses capacity, especially if you require authorisation from the Court of Protection to deal with matters on their behalf. However, our expert knowledge of the Mental Capacity Act 2005, the Civil Procedure Rules and our experience of Court of Protection applications enable us to deal with these matters as quickly and efficiently as possible.

Our expert team can assist with deputyship order applications, the management of affairs, obtaining authorisation of gifts made by Attorneys and many other Court of Protection matters.

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What is the Court of Protection?

The Court of Protection is a specialist Court which makes all decisions in accordance with the Mental Capacity Act. They are there to safeguard and oversee the actions which are taken in respect of individuals who lack the mental capacity to make those choices themselves.

What is a Deputyship Order?

When someone loses capacity, a Deputyship Order can be obtained through the Court of Protection authorising someone to make decisions on their behalf. There are two forms of Deputyship Orders being property and financial affairs, and health and welfare.

Who can be appointed as Deputy?

The Deputy needs to be someone over 18 and this would usually be a close family member or friend. However, it some cases it may be more appropriate for a Solicitor to be appointed and we can act in this capacity if there is no one else who can apply to be Deputy.

Who decides if a person has lost capacity?

A Solicitor may make an initial assessment and if there are concerns that the person has lost capacity then a medical report would need to be obtained. A capacity assessment is required as part of the Deputyship Order application.

Would the spouse be able to deal with everything on behalf of the person who has lost capacity?

This is a common misconception – there is not an automatic right for a spouse of the person who has lost capacity to deal with their affairs. There may be elements which they are able to deal with, such as accessing joint bank accounts, but there is likely to be limitations to the decisions they can make on behalf of the person who has lost capacity.

Can the applications for a Deputyship Order be made quicker if there is an emergency?

Emergency applications can be made to the Court of Protection. However, they will only make the order if they are satisfied that it is a serious situation and there is immediate risk to the person.

How are the interests of the person who lost capacity protected?

The Court of Protection ensures that the decisions made are in the best interest of the person who has lost capacity. For example, an annual report must be completed by a Deputy to show all significant decisions which have been made on behalf of the person who has lost capacity.

Can a Deputy or Attorney make gifts from the person who lost capacity?

Gifts can be made on behalf of the person who has lost capacity. However, there are rules in place in relation to gifts and an application may need to be made to the Court of Protection to authorise the gifts. We can advise when authorisation would be required and assist with the application.

What is a Deputy Bond?

The Court of Protection requires a Deputy to provide security when they are making an application for a Deputyship Order in relation to property and financial affairs. The bond is a form of safeguarding in relation to the assets of the person who has lost capacity. The bond will need to be renewed each year during the Deputy’s appointment.

Can a Deputy sell a property on behalf of the person who has lost capacity?

The person applying to be Deputy can also request the authority to sell a property which the person who has lost capacity owns if it is held in their sole name. However, a further application would be needed to appoint the Deputy as a Trustee if the property is held jointly with another person.

What our clients say

I would like to mention Jessica Dawkins for her helpful advice, her kindness, and her patience in her dealing with me. Thank you.

- Marina

Excellent advice and service from Saul Caplan who had an immediate understanding of our needs, with fast teamwork. Very pleased.

- Mr & Mrs Evans

A grateful thanks to Mark Goodson for his help and guidance throughout

- Ms S, Benfleet

We have received kind, courteous and prompt attention from Paula Dallison and her team. Thank you.

- Mr and Mrs Eatherton, Rayleigh

The staff showed real understanding and concern for our personal situations.

- Mr D, Rochford

Paula Dallison has always been so very helpful and kind.

- Miss M, Thorpebay

Saul Caplan

Wills, Inheritance, Trusts and Probate | BTMK Goodson

Sophie Bacon

Wills, Inheritance, Trusts & Probate | BTMK Todmans

Kavita Ryatt

Wills, Inheritance, Trusts and Probate | BTMK Goodson

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