Loss of Mental Capacity and The Court of Protection

Loss of Mental Capacity and The Court of Protection

In circumstances where mental capacity is suddenly lost or provision has not previously been put in place before capacity is lost, an application via the Court of Protection is required for “Deputyship” to be endowed in a person who would then be able to act on the incapacitated persons behalf.

Although the role of the Deputy is similar to that of an Attorney under a Power of Attorney, the Deputy’s role is subject to ongoing extensive supervision by the Court.  For example, where a Court Order is granted for a Deputy to manage the property and financial affairs of the incapacitated person, the Deputy must submit accounts on an annual basis to the Court. This is as a protective mechanism in order to safeguard the incapacitated person from financial abuse from the Deputy and lasts up until the incapacitated person’s death. 

As the relevant person no longer has capacity to make the decision themselves as to whom they would like to act on their behalf, the Court of Protection stands to act on the relevant persons behalf in making such an appointment.

The application to the Court of Protection is extremely detailed and subject to procedural rules surrounding service and time limitations. We are able to prepare the application documentation dealing with submission, service pre and post order on your behalf.

Although the application is determined by the Court of Protection, in the majority of cases this is undertaken as a paperwork procedure and we are able to streamline this technically difficult process, one of which requires attention to detail and accuracy in order to ease the granting of the relevant authority during a time which can be personally very difficult.

Please contact us on 0161 446 1122 and speak to our Private client specialist Suzy Bhaker if you would like more information.