Court of Protection
The Court of Protection is the part of the Supreme Court which specifically deals with the affairs of people who are mentally incapable of making decisions for themselves.
Who can apply?
Anyone may apply to the Court for an Order to deal with a particular matter relating to another person’s affairs if that person is mentally incapable (“the Patient”). In more serious cases, the Court will appoint a Deputy to deal with all the financial affairs of the Patient.
A Deputy will be appointed where:-
- A decision or decisions need to be made and cannot be postponed until such a time if/when the Patient is likely to recover sufficiently to make the decision for himself
- A Patient lacks capacity to make the decision or decisions and a single order will not be sufficient
- A Patient does not have a valid Enduring Power of Attorney or Lasting Power of Attorney; and It is in the Patient’s best interest for a Deputy to be appointed
The Deputy must act in accordance with set Principles and have regard to a Code of Practice.
Every anniversary from the date the Deputy is appointed he is under a duty to provide accounts of the Patient’s money. The accounts are to be sent to the Office of the Public Guardian who supervises the actions of the Deputy.
Edwards Duthie Shamash acting as Deputies
If a close relative requires considerable physical and emotional support, it may be preferable to have a professional Deputy appointed to look after their financial affairs, leaving the family free to concentrate on the Patient’s care. In some cases there is nobody suitable or willing to act as a Deputy. In such circumstances it may be appropriate for a professional non-family member to apply to be appointed as the Patient’s Deputy.
We are experienced in dealing with all aspects of Court of Protection work, from the initial applications to all subsequent applications which may become necessary during the Patient’s mental incapacity; for example selling Property, Tax Planning, Settlements and Statutory Wills.