The Court of Protection

People lose capacity in various ways - through old age, an accident or illness.  The Court of Protection, established by the Mental Capacity Act 2005, protects the rights and interests of those who are the most vulnerable, people who are unable to make decisions regarding their property, affairs or personal welfare as a result of lacking mental capacity.

Powers of Attorney

Our experienced team can explain and prepare a Lasting Power of Attorney for you. To find out more, please follow this link.  Our Court of Protection team can also help and guide you if:

  • You are an Attorney and you need to register the LPA or an existing Enduring Power of Attorney (EPAs were created pre-October 2007) with the Office of the Public Guardian;
  • You object to the LPA or EPA being registered by the Attorney;
  • You feel that someone is abusing their powers as an Attorney in that they are not acting in the best interests of the vulnerable person; and
  • You are an Attorney and an application is commenced against you. 

Appointment of a Deputy

If provision has not been made for an Attorney and a person loses capacity, the Court must decide who should take decisions on behalf of the vulnerable person and will appoint a person to act as a Deputy. 

A relative, friend, solicitor or other suitable professional would need to apply to the Court to become the Deputy.  If there is no one willing or able to act as Deputy then the Court will appoint a Deputy from a panel. 

The Deputy is the same as an Attorney but is answerable to the Court.  The Court ensures that the Deputy appointed acts correctly or they can be removed from their appointment.

We can assist and guide you if:

  • There is no EPA or LPA and you want to be appointed as a Deputy;
  • There are no family members or friends willing or capable of being a Deputy.  In this situation, a member of our team can be appointed as a Deputy;
  • You object to an application being made by a family member or friend to be appointed as a Deputy;

Removal of a Deputy

If you are a retiring Deputy or a person who could have been a Deputy on the first application and you wish for a new Deputy to be appointed, then we can help you. 

A Deputy can be replaced for a number of reasons including the following

  • You oppose the appointment of a Deputy and propose a suitable alternative;
  • You are the Deputy but you are unable to carry out this role and wish to be replaced;
  • The relationship between the vulnerable person and the Deputy has broken down;
  • The Deputy has misappropriated funds, acted improperly or failed to deliver an account. 

We can also assist you if you are a Deputy and an application has been made to remove you from your appointment.

Statutory Wills

Statutory Wills can be drafted if a person loses mental capacity and does so without having drafted a Will.  Their estate will pass according to the Intestacy Rules but this may not be the best way to distribute the Estate.  Or alternatively, their existing Will is invalid or there has been a significant change in circumstances since it was drafted.

If the Attorney or Deputy feels that a new Will needs to be drafted or an existing Will amended, then an application needs to be made to the Court of Protection.

For further information on the Court of Protection, please contact Lorraine Burke by emailing Lorraine or by calling her on 08450 990045, or speak to your usual contact in the Wills, Trust and Probate Team.