Court of Protection

We have a dedicated department specialising in Court of Protection matters. We are experienced in making the necessary applications to the Court and in acting as professional deputies.

What is the Court of Protection?

The Court of Protection makes decisions on applications which involve people who lack mental capacity.

What powers does the Court of Protection have?

Under the Mental Capacity Act, the Court of Protection has the power to:

• Make decisions about the personal welfare or property and affairs of people who lack the capacity to make the decisions themselves;
• Make declarations about a person’s capacity to make a decision, if the matter of whether they can make a decision cannot be resolved informally;
• Make decisions about serious medical treatment cases that relate to providing, withdrawing or withholding treatment to a person who lacks capacity;
• Appoint a deputy to make ongoing decisions on behalf of a person who lacks capacity, in relation to either the person’s health and welfare or property and financial affairs; and
• Make decisions about a lasting power of attorney or an enduring power of attorney, including whether the power is valid, objections to registration, scope of attorney powers and removal of attorney powers.

What is a Deputy?

A Deputy has the power to make financial and welfare decisions on behalf of someone who lacks the capacity to make those decisions for themselves.

To be appointed a Deputy, you must be aged 18 or over. The Deputy must be approved by the Court of Protection. A Deputy may not be required in all cases, for example if a Lasting Power of Attorney was made before a person lost their capacity to make decisions in relation to their finances and/or welfare.

Court of Protection issues can be extremely complex and in many cases, our clients opt to appoint us a Professional Deputy on their behalf. As Professional Deputies, we ensure that we act in the best interests of our client and work with the family and friends throughout the process.

What does a Deputy do?

Once the Court of Protection have issued an order, the Deputy’s duties may include maintenance of bank accounts, paying bills, managing of investments or properties, dealing with benefits claims, filing tax returns, etc.

The actions of a Deputy are closely monitored by the Court of Protection to ensure that they are in the best interests of the client at all times.

How can Harold Stock & Co help?

Our highly experience team can guide you through the application process should you wish to become a Deputy or indeed, they can act as Professional Deputy depending upon the complexity of the issues at hand.

If you would like further assistance or information on the Court of Protection, please contact Claire Atkinson on 01457 835597  or ca@haroldstock.com.