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Court of Protection

If a person loses the ability to make decisions for themselves and does not have a Lasting or Enduring Power of Attorney in place, decisions about who will handle their affairs and what they can and cannot do, will be made by the Court of Protection.

The Court of Protection has the power to appoint someone to make decisions on that person’s behalf (‘a deputy’).

A deputy would usually be a close relative or friend. They deputy must only make decisions in the best interests of the other person.

Before a deputy can be appointed, the Court of Protection will require an assessment of mental capacity to be carried out on behalf of the person for whom the deputy is applying. Furthermore, the deputy will also need to make various promises to the Court, confirming that they will only act on behalf of that person, in the manner directed by the Court.

Applying to become a deputy is neither quick nor straightforward.

How we can help you

We can help you now by drafting the application for you to become a deputy and by submitting this to the court.

We can then guide you through the remainder of the process until the final order is made.

What should I do now?

If you are interested in becoming a deputy, please contact Claire Fuller in our Wills & Probate department for further information.