What is the Court of Protection?

The Court of Protection was set up as a result of the Mental Capacity Act in 2005 to help Deputies (usually family members or close friends) make decisions for someone who lacks mental capacity to make their own decisions.

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How long does the Court take to appoint a deputy?

The process of appointing a deputy normally takes 3-4 months but the courts are currently suffering delays, it can take four to six months. The Court can process matters urgently when needed under specific circumstances.

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How do you apply to become a Deputy?

The Court of Protection application is a three-phase process.

Phase 1 (Application Phase)

Completion of a number of different forms providing the court with specific detailed medical information, financial information and details about the proposed deputies.

Phase 2 (Notification Phase)

A time critical phase where notice of the application has to be given to close relatives which are not involved.

Phase 3 (Administrative Phase)

The final phase will be completion of the Guarantee Bond as stipulated by the Court.

We specialise in Court of Protection applications and will be happy to complete all of the paperwork for you to ensure it is fully compliant and is not challenged by the court.

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What does it cost to apply?

We charge just £499 plus VAT to guide you through the process and complete all of the documentation for you. We have an automated process to generate documents the same day to minimise the time it takes to complete the application.

High Street solicitor law firms charge fees between £1,500-£3,500 plus VAT.

There will also be a Court of Protection Application Fee of £371 which needs to be paid with the application and two other costs (Doctor’s Assessment fee and Guarantee Insurance Bond) are also payable during the process. We will guide you through these.

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Can a deputy sell a property that is owned (or partly owned) by someone who lacks mental capacity?

The short answer is YES. However, we will as a matter of course guide you through the more complex formalities… at no additional charge.

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How long does a Court of Protection order last?

The Court of Protection order will last until the patient passes away. At that time the executor(s) of the will, or the administrator of the estate takes over.

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What is a Deputy?

A deputy is someone (usually a family member or close friend) who is/are appointed by the Court to make decisions on behalf of someone who lacks mental capacity to make their own decisions.

There are two types of deputy:

A property and affairs deputy can make financial decisions on behalf of someone who lacks mental capacity to make their own decisions.

A personal welfare deputy can make welfare, care and medical decisions on behalf of someone who lacks mental capacity to make their own decisions.

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Who can become a deputy?

Any adult over the age of 18 (usually a family member) can be appointed as a deputy.

In some circumstances a solicitor or a trust corporation can be appointed as a deputy but this only usually happens where there is no one willing to take on the roll.

It is preferable that at least two deputies are appointed.

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