Court of Protection Solicitors Essex, Romford, Brentwood

While some fees will need to be paid upfront, such as the Court fee, it is possible for the costs to be recovered from the vulnerable person’s finances once they can be accessed.

The current timescale which is being provided by the Court of Protection depends on whether the application is made online or via post. Only certain types of application can be made online.

The current advice is that online applications are taking approximately 18 weeks while paper applications are taking 22 weeks. However, this typically only considers straight forward applications where the Court have not raised any additional queries/requested additional evidence to support the application.

It also does not consider those cases which are more complicated and which may need to be made by a judge instead of an officer of the Court.

The Court of Protection can make decisions regarding both finances and health/welfare.

These can be general decisions, such as appointing a financial deputy to manage all day-to-day finances but could also be for specific issues such as whether a large gift can be made by an attorney.

It is possible to apply for a Court of Protection order directly with the Court and it is not necessary to use a solicitor.

However, it should be noted that any errors with the application can mean that the same is rejected by the Court of Protection. This could be some months later and the delays can cause additional distress to those around the vulnerable person.

It is possible for anyone to apply to the Court of Protection to be appointed as Deputy, provided that they are over the age of 18 and have mental capacity.

This could be a family member or friend, professional (such as a solicitor) or the local authority. The Court of Protection would however need to be satisfied as to the reasons why the application wants to be appointed and whether it is appropriate for the individual/individuals/organisation to be named.

For finances, the Court of Protection would also consider your skills to act (i.e. those who are bankrupt would not be considered suitable).

As of May 2024, the Court of Protection attracts a court fee of £408 per application.

An Attorney, if one has been appointed under an LPA or EPA

A Deputy if one has been appointed by the Court of Protection.

Anyone over the age of 18 and with mental capacity can be appointed as a Deputy. For finances, they would also need to prove that they have the requisite skills (i.e. proven track of not being bankrupt and so on).

A Power of Attorney allows you to choose who makes decisions on your behalf. For finances, this can also be in place for when you have capacity but perhaps cannot or do not wish to deal with something (such as dealing with utility companies on the phone). Health and welfare can only be used once unable to make the decision yourself.

However, both can allow for smooth transition if you should lose capacity as the attorneys can immediately step in.

Court of Protection is only once a person has lost capacity. It may be that there is no attorney able to act/ the attorney has been removed, and now the vulnerable person has no choice about who should act.

Consideration should first be given to the intestacy rules. Although it is preferable to have a Will, in many cases it is possible that the intestacy rules may still adhere to the wishes that the incapacitated person would have had.

In the circumstances where the intestacy rules are not favorable/there are other factors to be considered, then it is possible for an application for a statutory Will to be made to the Court of Protection.

A Deputyship Order made in England and Wales may be recognised in other jurisdictions. However, it may be necessary to have the formal documents recognised by foreign courts.

It is similar to an attorney, which more people are familiar with.

A Deputyship Order allows for the appointed person/ persons to act in the best interests of someone who lacks mental capacity to make decisions for themselves. This may relate to their finances and/ or persona health and welfare.

The Court of Protection cannot make an order if the person has capacity to make the decision themselves and there are no other concerning factors (such as undue influence).