The Court of Protection safeguards the rights of vulnerable people and has the authority to appoint a Deputy to manage someone else’s affairs when they lack the capability to do so themselves.

If your family member has a Lasting Power of Attorney and you feel their appointed Attorney is acting unethically or unlawfully you can make an application to the Court of Protection to have them removed. There are a number of forms to complete in order to make an application to the Court of Protection and additional evidence will likely be needed, such as a doctor’s certificate. 

The court is equipped to deal with applications and make decisions quickly in emergency situations such as when someone is at risk of harm or there is an immediate medical decision to make.

Our specialist solicitors can provide practical help and advice with all kinds of Court of Protection applications.
 

If the person affected has already made a Lasting Power of Attorney (LPA) and appointed an Attorney to manage their affairs on their behalf, decisions can be made as per the details of the LPA. If an LPA hasn't been made, you’ll need to apply to the Court of Protection to become their Deputy.

Because Lasting Powers of Attorney remain operative even if you are mentally incapable, people often made them “just in case” something happens to them in the future.

A Court of Protection order is normally used when a Power of Attorney is not already in place. The order gives a Deputy, appointed by the Court, the permission to manage the affairs for someone who cannot manage them themselves. This happens after they have lost mental capacity.
 

Anyone aged over 18 can apply to be someone’s Court of Protection Deputy. Deputies are usually the friends or relatives of the person that has lost capacity. If there is no one suitable to become a Deputy, or if you do not feel that you want to take on the responsibility, you can appoint one of our partners to become a Professional Deputy.

If a person lacks the capacity to make their own Will, then an application can be made to the Court of Protection to make a Statutory Will on their behalf. The application is normally made by someone authorised to act for the person lacking mental capacity – such as a Court of Protection Deputy or someone with Power of Attorney.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.