What does the Court of Protection do?

The Court of Protection is a specialised court in England and Wales that deals with legal issues concerning individuals who are unable to make decisions due to their mental capacity. Its main role is to safeguard the best interests of those individuals who lack capacity. 

The Court of Protection also has the authority to make a Will on behalf of someone who lacks the mental capacity to do so for themselves if they don’t have one in place, or if their existing Will doesn’t match their current situation. This is called a Statutory Will and the process of applying for one can be complex, so it’s recommended to seek legal advice. 

Court of Protection Deputyship 

A Court of Protection deputyship is a legal appointment that gives an individual or organisation the authority to make decisions on behalf of someone else. This person is called a deputy.  

What is the Role of a Court of Protection Deputy? 

The decisions that a deputy can make will depend on the specific needs of the protected person. However, their primary responsibility is to act in the best interests of the person who lacks capacity.  

The key responsibilities that a deputy may have can include decisions about personal welfare such as where they live and medical treatment they receive, and financial affairs such as managing the protected person’s income, assets, and investments. 

Who Can Become a Court of Protection Deputy? 

Anyone over the age of 18 can apply to be a deputy. Deputies are usually close relatives or friends of the person who needs help making decisions, however, anyone can apply.  

Your Reliable Court of Protection Solicitors 

We can assist family members and individuals in the process of applying to the Court of Protection for a Deputyship Order.  

We understand the importance of providing ongoing expert guidance to Deputies once the Deputyship Order has been approved. Our dedicated Court of Protection Solicitors are here to support you in managing the financial affairs of the incapacitated person. Additionally, we can also help you with the preparing of the annual accounts for the Court of Protection.