Court of Protection Solicitors
Helping you support your loved ones
If a loved one has lost the capacity to manage their own affairs, it can be highly distressing, both for them and the people who care about them. Becoming a Court of Protection deputy can allow you to help a vulnerable person make important decisions about their property, finances and welfare, ensuring their needs are met and giving you peace of mind.
Our Lasting Powers of Attorney solicitors in Wakefield and Ossett can assist you with the entire process of becoming a deputy and discharging the duties involved with your deputyship. We can also act as professional Court of Protection deputies where required and offer advice and support for resolving Court of Protection disputes.
With our experience and expertise, we can make sure your application to become a Court of Protection deputy goes ahead as quickly as possible, while keeping the process as straightforward and stress-free as we can for you and your loved one.
For more information about Court of Protection deputyship, please contact Liz Fyfe
on 01924 290 029 or request a call back and a member of our team will be in touch promptly.
Becoming a Court of Protection deputy
There are two types of Court of Protection deputyship you can apply for:
- Property and Financial Affairs Deputyship
- Personal Welfare Deputyship
Property and Financial Affairs Deputyship
This can allow you to assist a vulnerable person with decisions related to their money and property, including:
- Managing their income (including state benefits)
- Dealing with their savings and any other cash assets
- Managing any investments they have
- Paying bills, including any care costs
- Managing or selling their home or other property
Personal Welfare Deputyship
This can allow you to assist a vulnerable person with decisions about health and welfare decisions, including:
- Medical treatment
- Where they live
- Who has contact with them
- Their care needs
An application to the Court of Protection to be appointed as the Deputy for a vulnerable person or for an order relating to their health and welfare will only usually be appropriate where there is a need for a specific decision to be made and a disagreement about what is in the vulnerable person’s best interests.
Common questions about Court of Protection deputyship
How do you become a Court of Protection deputy?
There are a number of forms and other documents that need to be filled in when applying to the Court of Protection to become a deputy. It is important to make sure all of these documents are filled out accurately to ensure there are no delays and to avoid the risk of your application being rejected due to basic errors.
The documents you need to fill out and submit to the Court of Protection include:
- An application form
- An assessment of capacity form (recording an independent medical expert’s option of your loved one’s mental capacity)
- A deputy’s declaration (explaining your personal and financial situation and how you would make decisions for the subject of the application)
- An information form (describing the decisions you will need to make on behalf of your loved one)
Our Court of Protection lawyers can guide you through the entire application process, ensuring you are able to secure your deputyship quickly and efficiently so you can start supporting your loved one as soon as possible.
Who can be a Court of Protection Deputy?
As long as you are aged over 18, you will normally be able to apply to become a Court of Protection deputy for a family member or friend. Solicitors can also act as professional Court of Protection deputies if required.
It will be up to the Court to decide if you are a suitable person to act as someone’s deputy. They will typically consider how closely connected you are to the person who needs a deputy and your ability to carry out the required duties when making their decision.
When can you apply to become a Court of Protection deputy?
You can apply to the Court of Protection to become someone’s deputy if they are judged to lack the mental capacity to manage their own affairs and if they are considered to have assets and/or medical or personal care needs that they need assistance with.
A person may be deemed to lack mental capacity if they are unable to:
• Understand important information required for an informed decision
• Retain the relevant details for long enough to make an informed decision
• Evaluate the key details required to make an informed decision
• Communicate their decisions effectively to the necessary people
Circumstances where someone may be considered to require help to manage their affairs include:
- They have a property that needs to be sold
- They have more than £16,000 in savings
- They have a significant regular income
- They have a specific medical issue that needs treatment
- Their care needs have changed and decisions need to be made about their future care
Who decides whether a person lacks mental capacity?
When you apply to become a Court of Protection deputy for a loved one, you will need to have them assessed by an independent medical expert to establish whether they truly lack the mental capacity to manage their own affairs.
After this, a specialist Court of Protection judge will make the ultimate decision over whether your loved one has mental capacity or not, based on the independent medical expert’s assessment.
It is often the case that someone may be found to lack mental capacity in some ways, but not others – for example, being unable to understand or manage their finances, but being clear about whether they wish to stay in their home or not. A judge will take this into account when deciding what type of Court of Protection deputyship it is appropriate to issue.
Why choose Thornton Jones’ Court of Protection solicitors in Wakefield and Ossett?
Our Court of Protection solicitors have been supporting individuals and their families to support vulnerable people for many years. We understand the importance of providing sensitive, practical legal advice and guidance so you can have peace of mind that everything is being taken care of correctly to ensure you loved one’s needs are met.
Every Thornton Jones client receives the support and attention of a senior member of our team – a service most larger firms cannot match. As a result, our team can guarantee you the very best expertise and client care, helping you to quickly and efficiently find the right legal options for you.
We are regulated by the Solicitors Regulation Authority (SRA) providing assurance that we continually meet the highest legal and professional standards.