The Court of Protection is a specialist Court in the UK that deals with issues related to mental capacity and the management of affairs for individuals who lack mental capacity to make decisions for themselves. This can include decisions about property, financial affairs, and health and welfare.

The Court of Protection is a specialist Court which deals with issues regarding people who lack the mental capacity to make decisions for themselves.

If a person can no longer make decisions for themselves regarding their property and financial affairs due to the loss of mental capacity, then an application can be made to the Court of Protection to appoint a Deputy who, following an Order from the Court, will be able to make decisions on that person's behalf. By the time a person has lost mental capacity, it is unfortunately too late to put in place a Lasting Power of Attorney. Without either a Lasting Power of Attorney or Deputy order it is impossible for someone to manage another individual's financial affairs.

The Court of Protection Deputy has the authority to manage an individual's financial affairs on an ongoing basis in accordance with the permission granted in the court order.

The Deputy is usually a family member or close friend. Sometimes, it is appropriate to have a professional Deputy in place, such as a solicitor or an accountant. Forbes Solicitors are happy to act as professional Deputies and currently act in this role for numerous clients.

Any Court of Protection Deputy must be over the age of eighteen.

Court of Protection Deputies are legally responsible for dealing with the person's property and financial affairs and it is important that they keep accurate financial records as they will need to report to the Court every year as to how that person's financial affairs have been managed. For any complex financial situations, it is important that the Deputy seeks the relevant professional advice.

Some of the tasks that a Deputy might undertake are:

• Managing bank accounts

• Paying bills, including a mortgage and day to day expenses

• Paying care fees

• Claiming benefits

• Filing tax returns

• Arranging/managing investments and shares

• Ensuring that the person has enough money for their day to day needs

• Selling or renting property

A Deputy is unable to make ongoing and general health and welfare decisions on behalf of an individual. The Court of Protection will not grant a general health and Welfare Deputy order, similar to a Health and Welfare Lasting Power of Attorney. For example, a Deputy does not have the automatic authority to consent or refuse life sustaining medical treatment on behalf of an individual or decide where someone should live. However a Deputy can apply to the Court of Protection to be able to make a specific health and welfare decision at a specific time. For example, if a Deputy needed to make a decision about where an individual should live, they can apply to the Court of Protection to obtain authority to make that decision. Once the decision is made, usually the authority would end.

Step 1 - Medical Evidence Once it has been established that an individual lacks capacity to manage their own affairs, the first step is to obtain medical evidence to confirm this. The relevant forms are usually completed by the person's GP or a mental health professional who sometimes charge a fee.

Step 2 - Prepare the paperwork to submit to the Court of Protection The proposed Deputy will need to have details of the individual's property, bank accounts, investments etc. as well as information about their family and who visits them regularly. Details of the individual's debts and outgoings will also be required. The Deputy will also be required to complete a form about their own personal circumstances and declare anything which may prevent them from acting, such as bankruptcy or criminal convictions.

Step 3 - Submit the paperwork to the Court of Protection Once all the paperwork is complete, it is sent to the Court of Protection. It is also a requirement of the Court of Protection that certain family members are notified of the proceedings and given an opportunity to object if they wish. Any objections must be based on the list of potential legal objections prescribed by the Court.

Step 4 - Set up the Security Bond Once the Court has considered and processed the application forms the Deputy will be required to set up a security bond - an insurance policy to cover the value of the individual's assets in order to protect their assets from abuse. The higher the value of the individual's assets, the more expensive the bond, which is payable out of the individual's assets and needs to be renewed each year.

Step 5 - Deputy Order is made Once the bond is in place the Court of Protection will send out a formal Court Order legally appointing the Deputy setting out their powers and duties. The Deputy must act in accordance with the Court Order and always act in the person's best interests. If the Deputy wishes to do anything that it is not set out within the Court Order, they must make a further application to the Court to obtain authority.

Making an application to the Court of Protection can be a lengthy and time consuming process. Our specialist team of Solicitors can help you through the application process from beginning to end, and if required act as Court of Protection Deputies.

The fees charged by the Court of Protection vary depending on the nature of the application.

No fee is incurred for applications and hearings relating to objections to the registration of enduring powers of attorney (EPA) and lasting powers of attorney (LPA). The person making the application is responsible for paying the fees which are payable upfront when the application is made.

If your application relates to a person's property and affairs, then you can recover the fee from the person the application is about. If your application relates to a personal welfare matter, then you must pay the fee yourself. However, if you are already the deputy or attorney for the person, you can recover any expenses incurred from carrying out your duties, which includes court fees, even if your application relates to a personal welfare matter.

If you're looking for expert Court of Protection legal services and support, our solicitors have extensive experience helping clients throughout the country. Don't hesitate to contact our team today to learn more.