In light of Parkinson’s Awareness Month 2019, our Court of Protection solicitors look at how deputyship can help alleviate some of the more…
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What is the Court of Protection (‘COP’)?
Can I make an emergency application to the Court of Protection?
Who can be a deputy?
How much does it cost to apply to the Court of Protection?
What are the duties of a deputy?
What decisions can a deputy make?
What do I do if I suspect someone is misusing my relative’s money?
My relative has lost mental capacity. Can they still make a Will or set up a Lasting Power of Attorney?
Who decides whether someone has lost capacity?
What is a Statutory Will?
What is an advance decision?
My relative lacks capacity and I’m worried about their care. What can I do?
What is a Deprivation of Liberty (‘DOLS’)?
The Court of Protection (COP) is a specialist court set up to deal with the property and affairs, or the health and welfare, of people who have lost mental capacity. Loss of capacity may be caused by an illness, such as dementia, learning difficulties or because of a serious injury.
The COP can make decisions for those that have lost capacity or appoint a deputy to make decisions for them.
Yes, an emergency application to the Court of Protection is possible. However the emergency process differs from a standard application, so speak to our COP solicitors in Bristol.
We’ll help you complete the right forms so they’re dealt with quickly by the court.
Deputies can be family members or friends. If the assets to be managed are large or complex, or if a major package of care needs to be commissions, some families choose a solicitor to act as a professional deputy.
The costs of making a deputyship application and the court fee can usually be recovered from the assets of the person the order concerns. Legal aid is available in limited cases, or we offer a fixed fee package so you’ll know the cost of your legal advice from the start.
Our specialist deputy solicitors will be happy to discuss your options and provide a no-obligation quote of our Court of Protection and deputyship fees. Contact us on 0117 963 6202 or complete our online enquiry form.
The role of deputy carries a huge amount of responsibility. As a deputy it’s imperative that you act in the best interests of the person who has lost capacity.
You can only make decisions as authorised by the court and these decisions can only be taken if the person you’re acting for can’t do so themselves. Where possible, you need to involve them in your decision-making.
If you’d like to speak to someone about appointing a deputy, or your role as an appointed deputy, call our Court of Protection solicitors on 0117 963 6202 .
The deputy’s authority will be outlined in the court order. In the property and affairs cases, the deputy can buy or sell property, take control of bank accounts and pay bills.
In health and welfare cases the deputy can make decisions of where the person should live and what type of care they’ll receive. They can also authorise medical treatment.
If you person you suspect is a deputy or has Lasting Power of Attorney, the Office of the Public Guardian must be informed. They’re responsible for the supervision of deputies and attorneys.
If the deputy or attorney isn’t acting in the best interests of the person they’re responsible for, you can apply to the Court of Protection to replace them. We have experience of this situation so contact our specialist deputy lawyers for advice.
Sadly not. In this situation the only option is for you to apply to the Court of Protection – they can appoint a deputy and can also consider whether to make a statutory Will for your relative.
The Court of Protection makes this decision based upon evidence supplied by professionals. This may include doctors, psychologists or other mental health professionals.
A Statutory Will is a Will made by the Court of Protection for someone who has lost mental capacity. The COP will do this if the person cannot make a Will themselves.
An ‘advance decision’ is made by a person about the type of treatment they want, often at the end of their life. To make this decision, you must have mental capacity. If executed correctly, it’s binding on medical professionals and will ensure that your wishes about your end of life care are respected.
This is a specialist area of law which requires professional advice. If you’re considering making an advanced decision, speak to our experienced Will solicitors in Bristol for guidance.
Decisions by medical and social care professionals can be challenged, often without the need to go to court. If this isn’t possible you can apply to the Court of Protection to make a decision about what is best for the relative.
Sometimes a package of care or the arrangements for care can impose such restrictions on a person’s freedom that it can amount to them losing their liberty. This can arise in hospitals, care homes and – sometimes – even in a person’s own home. In these situations the authority is required to comply with the Deprivation of Liberty Safeguards, often referred to as ‘DOLS’.
The Court of Protection can decide to vary the arrangements for care or sanction the deprivation of liberty depending upon what it thinks is in the person’s best interests.