Court of Protection Q&A

January 31, 2019

We took part in #SolicitorChat on Twitter this morning which was all about the Court of Protection. 

 

Some of the answers we gave are set out below.

 

What is the Court of Protection and who does it help?

The Court of Protection is the part of the court system which makes decisions about financial or welfare matters for people who can’t make those decisions for themselves because they lack the capacity to do so.

 

What is the Office of the Public Guardian?

The Office of the Public Guardian is a government body which works to protect the assets and supervise the management of the financial affairs of people who lack mental capacity to make their own decisions.

 

What does a Court of Protection solicitor do and when should you speak to one?

A Solicitor who specialises in Court of Protection work can help you to make an application to the court or respond to an application which has been made by someone else.  In some cases a Solicitor may be appointed as deputy.

 

What is a deputy?

A deputy is a person appointed by the Court of Protection to manage the Property and Affairs of someone who isn’t able to do so themselves. They will be supervised by the court and will have to report to the court annually.

 

Who can become a deputy?

You need to be over 18 and have the ability to take on the role that the court is giving you. You will have to make various declarations to the court about your suitability for the role as part of your application

 

What decisions are made in the Court of Protection?

The COP can make decisions about who is appointed as a deputy and what powers that deputy has.  They may also make Statutory Wills and other orders to do with specific issues about health and welfare.

 

What is the process of making a Lasting Power of Attorney?

To appoint attorneys the Lasting Power of Attorney (LPA) forms must be drafted and then signed by you, a mental capacity certificate provider and your attorneys. Before the LPA can be used, the forms must be registered with the Office of the Public Guardian.

 

If you want advice about a family member or friend who has lost capacity and how you can help them manage their affairs then contact our specialist solicitor, Carolyn on the details below.

 

Carolyn Snellgrove

Nelson Myatt Solicitors LLP

01492 588200

carolyn@nelsonmyatt.com

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*Welsh speaker applies to Katie Baker

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