The Court of Protection is entitled (if deemed appropriate) to make decisions concerning the person who lacks capacity and/or to appoint a Deputy to make ongoing decisions concerning their affairs.
Sometimes it is appropriate for more than one person to be appointed as a deputy and there are several options for how this can work.
If someone has capacity to make their own decisions, but wishes to appoint another person to make decisions on their behalf, then the appropriate application would be a Lasting Power of Attorney.
How does the process work/what are the steps?
If the application relates to making decisions about someone’s health and personal welfare, then prior to making an application, the court’s permission to apply will need to be obtained. There is no such requirement if the application concerns making decisions about property and financial matters.
We need to meet you in order to complete the relevant forms and to gather the appropriate information as to the individual’s circumstances and their need to make an application to the Court of Protection.
The application is then made to the Court and various notices need to be served before the order is granted. Strict time frames also need to be abided by, which we can guide you through.
Typically a bond needs to be arranged to protect the financial resources of the person lacking capacity. Again, we can help you through this and ensure all the correct formalities have been attended to.
How long does it take?
The process would normally take between four to six months to complete. This time is required so that the court can comply with the statutory notice requirements.
We can lodge an application promptly on your behalf once we have received all relevant information/documentation from you. If the matter is urgent, there are procedures available to obtain a quick decision from the Court of Protection.
Is it expensive? How do the costs work?
We offer a set fee for standard Deputyship Order. Please contact us for a quotation.
In addition to our fees there are court fees payable. The application fee is £365. If the court requires a hearing there is an additional fee of £485 payable.
What if my application is opposed/ disputed?
We have specialist lawyers that can guide you through the process and deal with any Court applications and hearings that are necessary. We have extensive experience in dealing with the Court of Protection and the Office of the Public Guardian.
What are the things people should consider before calling?
We would need information relating to the person to whom the application concerns. In particular, what evidence is there that the individual currently lacks capacity to make their own decisions. As part of the application, a medical professional will need to complete an assessment form to prove that capacity has been lost. It would therefore save time if this had been discussed in advance with them.
Why are Grant Saw the best people for the job?
We are the largest Private Client department in the local area and have five dedicated specialists in the team. As a department, we pride ourselves on providing excellent client service, with a friendly and approachable manner and we are frequently instructed by new clients based on recommendations received from our existing clients. We also hold the Law society accreditation for excellence in Wills and Probate, known as WIQS (Wills and Inheritance Quality Scheme), as well as having a member of Solicitors for the Elderly and an associate member of STEP. These are all demonstrative of the expertise and dedication our lawyers have in making sure our clients receive the best advice possible.
We also have full disabled access at our Greenwich and Blackheath offices.