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Court of protection
Court of Protection Solicitors in Wrexham, Ellesmere Port and North Wales
When a loved one becomes unable to manage their affairs as a result of illness, injury or old age, we know and appreciate how overwhelming it can feel.
The trusted team of solicitors at PSR can offer you the specialist legal advice you need on everything from applying to the Court of Protection to deputyships, ensuring that your case is handled both effectively and sensitively.
Mental incapacity may be caused by brain injury, or be connected with illness or disease. It is not limited to a particular age group; it can be either temporary or permanent, and the extent to which it affects people will vary.
The Court of Protection can allocate its powers to another individual should the need exist for decisions to be made ongoing into the future. The individual who receives these powers is called a Deputy.
If there was no Lasting Power of Attorney (‘LPA’) put in place before your loved one lost capacity, then an application must be made to the Court of Protection so that a Deputy can be appointed to take responsibility for managing their affairs.
Contact our Court of Protection Solicitors in Wrexham, Ellesmere Port, Shotton, Rhyl or Colwyn Bay for expert advice and support.
What is the Court of Protection?
The Court of Protection makes decisions and appoints Deputies to act on behalf of people who can no longer make decisions concerning their health, finance or welfare.
As well as applying to become a Deputy, the Court of Protection can also be used to:
- make an emergency application allowing you to become a person’s Deputy
- make or amend a statutory Will on behalf of a loved one
- sell a property which is jointly owned if the co-owner does not have mental capacity
- make an objection to, or cancel an LPA
- apply to make a one-off decision on someone else’s behalf
- authorise a Deprivation of Liberty order
If a valid Lasting Power of Attorney isn’t in place, the Court of Protection will decide who will manage a person’s welfare, property and financial affairs when that person loses mental capacity.
This person is referred to as a Deputy. They may be a family member, friend or someone professional, for example a solicitor.
A Deputy makes decisions on behalf of a loved one if they do not possess mental capacity – ie the loved one cannot make important decisions for him/herself when needed. This may be down to learning disabilities, injury, a brain injury, or dementia.
Deputies are usually close friends or family members of the person who requires assistance in making decisions.
There are two types of Deputy: Property & Financial Affairs, and Personal Welfare. You can apply for either one indivdually, or both, according to your needs.
Whilst the court are usually happy to appoint a Deputy to take care of a person’s Property & Financial Affairs, the court will usually only make one off decisions regarding a person’s Personal Welfare.
Responsibilities of Deputies
Deputies must be over the age of 18. Deputies appointed by the Court of Protection will be issued with a court order informing them of what they can and cannot do.
Deputies are expected to adhere to the rules of the Mental Capacity Act Code of Practice and other guidelines.
In additon, when Deputies make a decision they must, according to the Court of Protection:
- consider the past actions of the person
- ensure the decision is in the best interests of the person
- do the best they can to help the other person understand the decision that has been taken
- give the highest standard of care possible
Deputies must not:
- make a Will for the person, or alter an existing Will
- restrain the other person, unless it is to stop them from harm
- end life-sustaining medical treatment
- aim to benefit from the person’s circumstances
- hold money or property in their own name on behalf of the other person
- make gifts (unless permission has been granted by the Court)
Making an application to the Court of Protection
Applying to the Court of Protection can be complex, with a number of forms to complete:
Application form – COP1
This form sets out the applicant's details, the details of whom the application relates and what the Court is being asked to decide – for instance if the person has mental capacity and whether you should become the Deputy.
You are also asked to name any persons who may dispute the application and your appointment. Furthermore, you are required to list the persons who are to be notified of the application.
Financial details form – COP1A
This form provides information for those who are applying to be Property and Financial Affairs Deputies Certain details must be given; for example, the person's bank accounts, pensions, properties, savings and Will.
Capacity assessment form – COP3
It can be difficult to ascertain whether someone lacks the capacity to manage their property and affairs. A loved one may act in a way that makes you think they have lost capacity. This is not simple however, as capacity can fluctuate.
A practitioner is required to complete part B of the form. They must have examined and assessed the capacity of the person to whom the application relates.
Accepted practitioners include:
- occupational therapists
- mental health practitioners (approved by a GP)
- social workers
Deputy declaration form – COP4
This form allows the Court to assess your suitability to become a Deputy.
For instance, it asks if you have any criminal offences, if you have been bankrupt, and if you have any conflicts of interest if you were to act on the person’s behalf.
You are also informed of what will be expected of you should you become a Deputy. For example, it is expected that you will act reasonably within your powers, you will treat the person with care, skill and diligence, and you will keep account of all transactions.
At PSR Solicitors we appreciate that everyone’s circumstances are different and unique. We aim to provide you with a bespoke service which will suit both your needs and also those of your loved one.
Should you require any help with any aspect of the Court of Protection below, our legal team will be more than happy to assist and advise you accordingly.
- Appointment of Deputies
- Health and Welfare disagreements
- Welfare Deputyship
- Lasting Power of Attorney (LPA)
- Enduring Power of Attorney (EPA)
- Court of Protection disputes
- Statutory Wills and trusts
- Personal injury trusts
We can liaise with all parties involved including the medical team and other family members to relieve you of some of the pressure involved.
Contact Our Court of Protection Lawyers Today
Established in 2009, we have become the Wills and Probate Lawyers of choice for clients in Wrexham, Cheshire and the North Wales area delivering a truly exceptional legal service within local communities.
If you need to make arrangements through the Court of Protection, our friendly team will immediately put you at your ease and will explain everything in a clear straight-forward way, keeping you informed at all stages, to help minimise your stress and concern.
We offer a free first consultation over the phone or in-person with our Court of Protection Solicitors in Wrexham, Rhyl, Colwyn Bay, Shotton (Deeside) and in Cheshire (Ellesmere Port). You can contact us today, safe in the knowledge that one of our dedicated solicitors will handle your case with care and attention to detail.
We regularly carry out Court of Protections services for clients across North Wales, Cheshire, Merseyside, and Liverpool. We can support your needs wherever you live in Wales, England & Northern Ireland.
We will respond to any query within one hour of normal office hours, or the next working day if you contact us during the evening or at the weekend.
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