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Court of Protection

If an individual lacks mental capacity and they did not prepare a Lasting Power of Attorney then, someone (i.e. a relative, friend, solicitor) can apply to the Court of Protection to obtain a Deputy Order, and if successful can act on their behalf.

 

What is the Court of Protection?

This is a specialist Court whose objective is to protect vulnerable individuals whom lack the mental capacity to deal with their own affairs.

In carrying out this duty, the Court of Protection will seek evidence that the person has lost mental capacity, and usually an assessment by the individuals GP or Consultant regarding the same will take place. The Court must also be satisfied that the person/people applying to be a Deputy can be entrusted to act in the individual’s best interests.

 

What is a Deputy Order?

This is an Order made by the Court that appoints a Deputy/Deputies to be legally responsible for the individual that lacks mental capacity. The Order will set out the Deputy/Deputies powers, these will depend on the application and the Courts findings.

The powers may relate to the individual’s finances or property, for example.

 

Becoming a Deputy

A Deputy must be over 18, and they must complete a set of application forms to the Court of Protection. Here at Askews Legal we would be more than happy to assist you with this process.

If you have any concerns about how a family member is coping and/or have become responsible for managing their affairs then, seeking legal assistance is recommended.

Please contact Stephanie Napier at Askews Legal on 024 76 231000 and she will be more than happy to discuss matters.

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