Court of Protection
If a family member or close friend does not have a Power of Attorney, and they have lost their ability to make their own decisions, then we can help you apply to the Court of Protection to become a ‘deputy.’
The Court of Protection is the judicial body who make decisions on financial or welfare matters for people who lack the mental capacity to do so themselves.
They are responsible for deciding whether someone has the mental capacity to make decisions. They also assign Deputies to make decisions for people who cannot do so themselves.
You can apply to become a deputy on behalf of a loved one. There are two different types of deputy:
- A ‘Property and Financial Affairs’ Deputy. These make decisions about matters such as paying bills or collecting a pension.
- A ‘Personal Welfare Deputy.’ These make decisions about matters such as where someone lives and the medical treatment they might need.
Alternatively, we can take on the role of Professional Deputy, reducing your stress. Appointing a Professional Deputy can be particularly useful if there are no family members who are able or wish to be a deputy.
How to become a Deputy:
Applying to become a Deputy can be a complicated process with a number of forms to complete.
The forms to complete are:
- COP1 – Application form. This form provides details about the person applying to become a Deputy, and the person to whom the application relates to.
- COP1A – Financial details form. This form provides details of the person’s bank accounts, income from pensions and benefits, properties and savings.
- COP3 – Capacity Assessment form. Importantly, an appropriate practitioner such as GP, registered social worker, nurse or psychologist must complete part B of this form. It is up to them to assess the person’s mental capacity. They will decide whether the person can manage their own property and finances.
- COP4 – Deputy Declaration form. The person applying to become the Deputy completes this form. It assists the Court in deciding whether you are a suitable person to be appointed as a Deputy.
We can assist you in completing these forms, making the whole process easier.
Once you’ve become a deputy:
Once you have been appointed as a Deputy by the Court of Protection we can support you in fulfilling your on-going obligations.
For example, Deputies will be asked to complete an annual report detailing all assets owned by the person to whom the Deputyship Order relates to. All income will have to be detailed and all expenditure will have to be accounted for. It is advisable for all Deputies to keep up to date accounts of everything that they do in their role as Deputy.
We can assist you in completing annual reports. As a Court appointed Deputy, if you obtain legal advice relating to your role, reasonable legal costs will be payable out of the estate to whom you are acting as Deputy for.
If you have any further questions about becoming a deputy, or would like to arrange an appointment, please call us on: 01244 312306.
Head of Wills and Probate and Associate Director
Wills & Probate Solicitor
Chartered Legal Executive
Private Client Solicitor
Wills & Probate Paralegal