You & Your Family
You & Your Property
You & Your Business
The Court of Protection / Deputyship Application
Patrice Lawrence was efficient, caring, thorough and very reassuring at this very sad time in my life.
The Court of Protection exists to look after the best interests of those who lack the mental capacity to make certain decisions for themselves. The court has the power to determine if a person lacks capacity and decide what actions to take including the appointment of lay and professional deputies to act on the individual’s behalf.
If, for example, you care for your adult child or family member, you are likely to need access to information regarding their finances or the power to deal with their assets. If the person that you care for lacks capacity as per the Mental Capacity Act 2005, you may want to consider making an application to the Court of Protection to be appointed a deputy.
The Court of Protection has the power to make an order appointing a deputy to deal with the property and financial affairs or health and welfare of a person who lacks capacity. Our Private Client Department are able to advise and assist with making a deputyship application for property and financial affairs to the Court of Protection.
As with any matters that are dealt with by the Courts, there is a very specific process which needs to be followed. Our solicitors will help manage and guide you through the process.
If you have any questions regarding making an application to the Court of Protection please do not hesitate to contact our private client team by emailing patrice.lawrence@tvedwards.com or calling us on 020 3440 8000.
Frequently Asked Questions
What is a Deputyship Order?
A Deputyship Order is an order granted by the Court of Protection granting the applicant the authority to deal with the affairs of someone who has lost capacity and can no longer manage their own affairs.
Who can apply?
This depends on the individual circumstances of the person who has lost the capacity to manage their own affairs.
Will I need to attend Court?
A hearing would not normally be required for a Deputyship Order to be granted.
