The Court of Protection makes financial or welfare decisions on behalf of individuals who lack the mental capacity to make such decisions when they are necessary. As people age, or when they have mental illnesses like dementia or Alzheimer's disease, it can be challenging to assess their mental ability since it might change over time.
The Mental Capacity Act of 2005's guiding principles must be followed to guarantee that any choice is made in the person's best interests when they are not considered to have the mental capacity to make it themselves. Read the guide below to understand what the Court of Protection does, and the legal responsibilities implicated by the role of deputyship.
What is the Court of Protection in charge of?
The Court of Protection can:
- determine if a person is mentally capable of making a particular choice for themselves;
- choose deputies to represent those without the mental ability, to make ongoing decisions for them;
- allow individuals to make one-time decisions for a person who lacks the mental capability;
- handle applications that call for a quick decision on someone else's behalf, such as those that are urgent or made in an emergency;
- decide whether to register a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) and accounting for any objections;
- examine requests to make statutory gifts or wills;
- determine the circumstances in which a person's freedom may be taken away under the Mental Capacity Act.
What is deputyship?
When a loved one lacks the mental capacity to make decisions about their own finances or welfare, deputyship gives another individual the power to do so. A deputy's responsibility is to always act in the concerned person's best interests.
How can I apply for deputyship through the Court of Protection?
If you are the person's spouse, partner, child, close relative or close friend, you may ask the Court of Protection to officially become a deputy; however, you must be over 18. If there are multiple deputies, the court could force you to reach decisions together.
What happens when I am chosen for deputyship?
If you are chosen as the person's financial deputy, you are in charge of managing their day-to-day finances. This includes creating a future budget, maintaining their eligibility for state assistance (if available), managing any investments they have made, making payments on time, and taking care of their taxes.
Deputies are required to maintain and submit annual financial reports to the court as well as pay a legal fee and subsequent annual filing fees. Family members, acquaintances and neighbours are frequently chosen to serve as court deputies, but once chosen, they must carry out their obligations with proper consideration for all relevant instructions in the court's Code of Practice. Any choices taken on their behalf must be in accordance with the Mental Capacity Act (MCA) 2005's five legislative principles.
These are:
- Every adult has the right to make their own judgements, and unless proven otherwise, must be deemed to have the mental ability to do so.
- An individual must be provided with all the assistance that is reasonably possible before anybody assumes that someone cannot make their own decisions.
- It is incorrect to assume that someone lacks the ability to make a decision just because they choose one that is seen to be unwise.
- Any decision made on the person’s behalf must be made with their best interests in mind.
- Anything decided for or on behalf of the individual must restrict their fundamental rights and liberties as little as possible.
Seek expert help for Court of Protection cases
At Ramsdens Solicitors, we have a reputable track record of defending the fundamental rights, physical and mental health, and general wellbeing of those who are most in need. We also have a professional deputy on the deputyship panel of the court who has been appointed for her expertise in this area.
Thanks to our experience in the Court of Protection law, persons who lack the mental capacity to make significant decisions for themselves are still protected from having their fundamental rights violated.
When people most need it, our expert legal counsel makes sure they have access to the appropriate medical treatment, residential protection, social services, and financial assistance. Call us today on 0344 3260049 or email us at COPhalifax@ramsdens.co.uk and we will get to work on your case. Alternatively, fill out an online enquiry form and we will return your contact at a time convenient for you.