Court of Protection

In an ideal world a Lasting Power of Attorney would have been created and your attorney would be able to act on your behalf. Unfortunately, this isn’t always possible and you find yourself in a position unable to make a power of attorney, what do you do?

If you can’t act, who can?

Well, your closest relative or some other person can make an application to the Court of Protection to become your deputy on your behalf, also known as a deputyship application.

A deputyship application is complex but here are some of the things you need to know:

• The process can take between 6 and 12 months;
• It involves a medical practitioner providing confirmation that a person is unable to make decisions for themselves, also known as a Mental Capacity ⟨COP3⟩ Report;
• All of the relatives are put on notice that such an application is being made and given an opportunity to object to the application;
• Disclosure of assets and liabilities of the person of whom the application relates to;
• Ongoing disclosure of accounts to the court of protection on an annual basis; and
• Possibility of the court requiring some kind of financial security in the first instance;
• Your role as a deputy is governed by the Mental Capacity Act 2015 and there are strict guidelines as to how you may act