Court of Protection

When an individual lacks the mental capacity to deal with his/her financial affairs, it may be appropriate to apply to the Court of Protection. The Court can appoint a trusted person to act on behalf of the individual as a 'deputy'. The deputy would be able to make decisions about the individual's property/financial affairs and/or their healthcare arrangements.

Under the Mental Health Act 2005, the Office of Public Guardian has a duty to supervise deputies appointed by the Court of Protection and keep a register of the deputies. In essence, the role of the 'deputy' is what the role of an attorney would be if there was a Power of attorney in place originally.

The process can take about 16 weeks in total for a deputy to be appointed. The timeframe varies and it depends on a number of factors as further information may often be required. In emergency situations whereby an urgent decision is needed, there is a fast track service that can take 24 hours only. Examples of 'emergency situations' would be if the individual is about to lose his/her home or if an urgent decision needs to be made about their health.

The process can be quite daunting so if you require legal assistance, please contact us on 020 8741 9883.