The Court of Protection is a specialist court that makes decisions for those people who are deemed to lack “mental capacity” to make decisions themselves. They are commonly involved in the appointment of Deputies to manage the property and financial affairs or health and welfare of the person lacking mental capacity, if no Lasting Power of Attorney is in place.
For further information on Lasting Powers of Attorney please click here.
The Court of Protection can assist in a number of decisions, such as:-
Who should be a Deputy;
Putting in place a will for a person lacking capacity, called a “Statutory Will”;
Making applications for tax planning or gifting from the estate of the person lacking capacity;
Obtaining an order for family care payments if you are providing care for a loved on that lacks mental capacity;
Property sales and arrangements such as loans and equity release; and
Removing a trustee that lacks mental capacity.
The Court of Protection will also become involved if you have suspicions or concerns regarding abuse of a vulnerable person.
A Deputy for property and financial affairs can make decisions about financial matters, such as paying bills and managing utilities and property. A health and welfare deputy can make decisions regarding where someone may live, and what care and treatment they receive.
It is rare for the court to appoint personal welfare deputies and it will only do so in the most difficult cases. If there is a dispute about a health and welfare decision the court will usually make the decision itself rather than appoint a deputy to make the decision.
Being a Court appointed Deputy involves not only taking over the affairs of your loved one, but you may also be required to also do one or all of the following, dependent upon your loved one’s circumstances:-
Working with independent financial advisors;
Reporting to the Office of the Public Guardian on an annual basis (similar to an accountants report);
Making sure care plans are kept up to date, including NHS Continuing Care checklists;
Completing tax returns; and
Purchasing and adapting property (if necessary) for your loved one.
PROFESSIONAL DEPUTYSHIP
If you feel that acting as Deputy is too onerous a task, we can act as a professional Deputy on behalf of your loved one, and our specialist team at HTF Legal can discuss this process with you, ensuring that the necessary regulatory and safeguarding matters are adhered to.
Professional deputies are heavily monitored by both the Office of the Public Guardian and the Court of Protection and must report to them annually, protecting your loved one from any risk of financial negligence.
For more information please do not hesitate to contact a member of our team on enquries@htf-legal.co.uk or by using the enquiries form.