The role of the Court of Protection has been highlighted in recent media coverage.

The Court of Protection can appoint someone to act as Deputy for a person who lacks capacity to manage their affairs. The Deputy is often a family member who is given wide ranging authority to administer assets, including selling a person's property and deciding where and how to invest money.

However, the Court of Protection is a judicial body and applying to be a Deputy involves forms and procedures that are daunting for concerned relatives. Most cases are dealt with efficiently, through a paper-based procedure and most cases do work reasonably well in practice. However, some cases involve several opposing parties, solicitors, barristers and days in court where the costs are so great that there is a real disincentive to use the Court of Protection except as a last resort.

Mullis & Peake LLP represent a large number of individuals and share the concerns and frustrations of our clients and those adults and children who lack capacity for whom we act as Deputy. Not everyone has had the foresight or desire to plan ahead with a Lasting Power of Attorney, especially as the new forms require a degree of determination to complete.

Samantha Hamilton of Mullis & Peake LLP said “The Court of Protection appoints a Deputy to act where a person has not made a Lasting Power of Attorney in advance. This shows how important it is to plan for the future; only half of the UK population is believed to have made a Will to deal with their estate after death, and even fewer have created a Power of Attorney to appoint someone to act for them in the event of incapacity.”

Samantha Hamilton is a member of Solicitors for the Elderly.