Court of Protection

Court of Protection

In some cases, the client may ‘lack capacity’ which essentially means that they are unable to handle their financial and legal affairs.

In these cases, a Deputy must be appointed by the Court of Protection. This provides for the Deputy to manage the person's financial and legal affairs whilst they lack the capacity to do this themselves. This is similar to an Attorney being appointed under a Lasting Power of Attorney.

Typically, a Deputy can be a family member, or a professional person such as a solicitor.

The duties involved in managing the affairs of another can be substantial. Deputies need to ensure they work within the Government's Code of Practice which is a significant document.

The Deputy's role is defined by the Mental Capacity Act 2005. The Deputy must always act in the person's best interests.

Before each decision is made, all practical steps must be taken to help the person make the decision for themselves, even if that decision is "unwise".

The person's money must be kept entirely separate. The Deputy must prepare an 'Annual Return' each year for the Office of the Public Guardian.

How Elsby Solicitors Can Help

Elsbys Solicitors can assist with the process of becoming a Deputy under the Court of Protection process and guide you through your obligations and duties under the Governments Code of Practice and the Mental Capacity Act 2005.

He can also act as Deputy and has done so for a number of clients since 2006.

The costs and future costs for acting as Deputy are added to any claim ensuring the client nor their family incur any unnecessary financial expense.