Court of protection and deputyships

Court of Protection and deputyships

What is the court of protection?

If you need to make legal decisions for a relative, or somebody close to you, the court of protection can empower you to do so as their deputy. The court of protection judges whether people have the mental capacity to make decisions about their own welfare. If it decides they don’t, and no enduring or lasting power of attorney is in place, it can appoint a deputy to make decisions on a person’s behalf. Deputies can be appointed in a wide range of situations, including:

if an elderly relative or parent needs help managing their finances
if a vulnerable person needs help managing their affairs
if decisions need to be made about a person's health and welfare.

How do I become a deputy?

To become someone's deputy, you need to make an application to the court of protection. The court will look at the evidence when deciding what a deputy can or can’t do. Your application must put forward a clear and detailed case. This can be a long and complicated process, especially when you're not familiar with the system.

Court of protection services

Our specialist team of solicitors know the court of protection inside out. Our solicitors have plenty of experience of a deputy’s work – many have themselves been appointed professional deputies, acting for vulnerable people and managing the finances of people in care. So we really do know how the system works and we understand what it means to be responsible for people who can’t make their own decisions. The court of protection will make its decision based solely on the application, but you can be confident that we’ll have every angle covered. Our specialist services include:

organising the information needed
ensuring there are no errors which could have far-reaching consequences
checking your submission complies with all the court's regulations
submitting the application to the court.

What does an application look like?

A typical application has several parts, such as:

the application form itself, setting out details about the person involved, the proposed deputy (normally a spouse, civil partner or close relative)
an information form that gives all the relevant information about the person's finances, income or personal injury damages, plus outgoings or care fees
a medical form completed by the GP or consultant
a declaration signed by the proposed deputy
ongoing advice about your role as a deputy and further help with any subsequent paperwork and applications