Deputyship orders and court of protection work

An application to the Court of Protection may be necessary if an individual lacks capacity to make decisions concerning their own health, wealth or personal welfare.

The Court of Protection is entitled (if deemed appropriate) to make decisions concerning the person who lacks capacity and/or to appoint a Deputy to make ongoing decisions concerning their affairs.

Sometimes it is appropriate for more than one person to be appointed as a deputy and there are several options for how this can work.

If someone has capacity to make their own decisions, but wishes to appoint another person to make decisions on their behalf, then the appropriate application would be a Lasting Power of Attorney. Please see our separate website page in this regard.

FAQ

How does the process work/what are the steps?

If the application relates to making decisions about someone’s health and personal welfare, then prior to making an application, the court’s permission to apply will need to be obtained. There is no such requirement if the application concerns making decisions about property and financial matters.

We need to meet you in order to complete the relevant forms and to gather the appropriate information as to the individual’s circumstances and their need to make an application to the Court of Protection.

The application is then made to the Court and various notices need to be served before the order is granted. Strict time frames also need to be abided by, which we can guide you through.

Typically a bond needs to be arranged to protect the financial resources of the person lacking capacity. Again, we can help you through this and ensure all the correct formalities have been attended to.

How long does it take?

The process would normally take between four to six months to complete. This time is required so that the court can comply with the statutory notice requirements.

We can lodge an application promptly on your behalf once we have received all relevant information/documentation from you. If the matter is urgent, there are procedures available to obtain a quick decision from the Court of Protection.

Is it expensive? How do the costs work?

We offer a set fee for standard Deputyship Order. Please contact us for a quotation.

In addition to our fees there are court fees payable. The application fee is £400. If the court requires a hearing there is an additional fee of £500 payable.

What if my application is opposed/ disputed?

We have specialist lawyers that can guide you through the process and deal with any Court applications and hearings that are necessary.  We have extensive experience in dealing with the Court of Protection and the Office of the Public Guardian.

What are the things people should consider before calling?

We would need information relating to the person to whom the application concerns. In particular, what evidence is there that the individual currently lacks capacity to make their own decisions. As part of the application, a medical professional will need to complete an assessment form to prove that capacity has been lost. It would therefore save time if this had been discussed in advance with them.

Why are Grant Saw the best people for the job?

At Grant Saw we have an experienced probate department which can provide prompt assistance in preparing appropriate application(s) to the Court of Protection.

Meet the Deputyship orders and court of protection work team

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