Navigating the Court of Protection process can seem like an insurmountable feat, with the process of applying for a Deputyship Order seeming complex, time consuming and expensive.
In our Court of Protection team, we can help you overcome the challenges that come with a Deputyship application, while also supporting you through the emotional challenges that come with navigating this period of a loved one’s life.
The role of the Court of Protection
The Court of Protection exists in England and Wales to protect the rights and interests of people who lack mental capacity to make decisions themselves. If you are turning to the Court of Protection team, you will have established that your family member does not already have a Lasting Power of Attorney in place. You may be feeling overwhelmed and upset, and our team in Newton Abbot will support and guide you, making the process as smooth as possible as we apply for the Deputyship order.
The process of applying for a Deputyship Order
The initial appointment – the initial appointment will cover the basics of the application and will involve a member of our team taking details of your loved one, the income and assets, and the people who you wish to appoint as Deputy. Our team can help you choose between stepping into this role yourself or appointing the partners of the firm to be a professional Deputy. Stepping into this role can feel overwhelming. It is demanding, administrative, emotionally unsettling, and heavily regulated.
Gathering evidence – As a Deputy Order deals with the ability to making financial decisions for someone who lacks capacity, we need to give as much evidence to the Court as possible. We will require a capacity assessment, full financial details, a full family history, details of the proposed Deputies, any debts or money owed, will and end of life plans and anything else relevant to the application. We will then compile this information into the application. We must show the Court that your loved one lacks capacity to manage their affairs themselves and that the best alternative is for a Deputy to be appointed for their affairs to be managed.
Notifying people – the Court requires that other people in your loved one’s life are notified of the application, to ensure that anyone who objects can voice this. We can manage the notification process for you but will require full contact details of everyone with an interest in the life of your loved one.
Submitting the application – once the evidence required has been gathered and the application prepared, we will submit this to the Court. The Court of Protection can take some time to review an application, and so having a professional on hand who is able to check the progress of your application can be invaluable. We will also promptly deal with any queries the Court has.
Granting the order – when the Court is satisfied that the application can proceed, we must set up a security bond before finally receiving the Order.
How we can support you
We understand that choosing to make this application can be a very difficult decision to make. By instructing our Court of Protection team to make an application for you, we can ease the burden and ensure that you can focus on providing the support your loved one requires. We can ensure that you comply with the requirements of the Court and any issues that arise.
Our top tips for families going through this process.
- Seek legal advice early – any mistakes in your application can lead to unnecessary delays. When someone lacks capacity, they can lose access to their bank accounts. Ensuring that everything is in order from the outset can prevent any delays.
- Be patient – the Court of Protection process is a long one, however if you have everything that is required, the process can be sped up. We can also make an urgent application to the Court of Protection if this is warranted.
- Focus on your loved one – by instructing us, you can fully focus on your loved one while we manage the application process, updating you along the way.
In the Court of Protection team, we understand that this is not a straightforward process. However, with the right legal support, you can ensure your loved one’s rights and interests are protected while we reduce the stress and uncertainty of this time. Solicitors play a key role in guiding you through this process, and our team would be happy to help you. For further information, or to arrange an appointment, please contact us.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
