Court of Protection Deputyships
There may be a time when you can no longer share or communicate what you need. This may be due to old age, the development of a medical condition such as dementia or due to an acquired brain injury. If you are unable to make decisions for yourself and have not made an Enduring or Lasting Power of Attorney it is still possible for someone you trust to make decisions on your behalf. In order to do this, the entrusted person(s) must make an application to the Court of Protection to become that particular person’s Deputy.
Court of Protection
The Court was established under Mental Capacity Act 2005 and has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court. The Court of Protection has the power to make decisions in relation to property and affairs, health care and personal welfare of adults (and children) who lack capacity.
The Court also has the power to; appoint Deputies to manage the affairs of persons who do not have the mental capacity to make the relevant decisions, make Statutory Wills and remove Attorneys/Deputies who are not acting in the best interest of the person who lacks capacity.
The Court of Protection protects the rights of some of the most vulnerable people in our society. We have extensive experience and understanding of the Court's rules, procedures and associated Codes of Practice, enabling us to provide advice on all Court of Protection matters.
Lin Whitehead, Partner & Head of Private Client, is one of just 71 Panel Deputies appointed by the Court of Protection and is a Panel Deputy covering the Norfolk and Suffolk area. Lin acts for a number of clients who lack the capacity to manage their own affairs, ranging from those who have suffered acquired brain injuries, to clients who have severe dementia or learning disabilities.
Panel Deputies are highly specialised, recommended professional Deputies which the Office of the Public Guardian and the Court of Protection will refer to in complex cases or where there is nobody close to the client or willing to act. Deputies are supervised by the Office of the Public Guardian and professional Deputies are subject to a strict set of standards, meaning that they always act in the client's best interests.
To see the list of Court appointed Panel Deputies, click here.
Attorney/Deputy Mismanagement and Abuse
Mismanagement and abuse of finances happens all too frequently, this may be as a result of deliberate steps or ignorance. 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 get in touch so we can advise and rectify the situation.
Our Court of Protection team 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.
It is possible to make a new Will or make changes to an existing Will, even when you no longer have mental capacity.
A qualifying person can make an application to the Court of Protection to seek approval for a new Will/Codicil. The Court will approve the Will/Codicil if they consider the changes to be in the best interests of the person who lacks mental capacity.
Court of Protection - Frequently Asked Questions:
- Q. What is the Court of Protection and who does it help?
- Q. What is the Office of the Public Guardian?
- Q. What does a Court of Protection solicitor do and when should you speak to one?
- Q. What is a deputy?
- Q. What decisions are made in the Court of Protection?
- Q. What is the process of making a Lasting Power of Attorney?
At Clapham & Collinge, we have a dedicated team of solicitors who specialise in Court of Protection matters. We have comprehensive understanding of Deputyship applications, Statutory Will applications and the various obligations/fiduciary duties imposed on Attorneys/Deputies.