Court Of Protection
What is the Court of Protection?
The role of the Court of Protection is to appoint (or replace) a Deputy or Deputies to act for someone who cannot manage their affairs due to mental incapacity, and who has not previously made an Enduring or Lasting Power of Attorney.
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Court of Protection
The Court can also authorise gifts and the creation of a will if the person does not have one, or if an existing will needs to be altered. The Court also has powers to make orders about an incapacitated person’s health and welfare.
You will be working with a team that has extensive experience of obtaining deputyship orders and Court of Protection procedures. We are regional specialist in the Court of Protection field and currently look after the affairs of more than 100 clients on a continuing basis.
Court of Protection Panel Deputy
Samantha Hamilton, a Member of the firm and head of our Court of Protection department, is one of only approximately 70 appointed as a Court of Protection Panel Deputy. This means that she can be nominated by the court to act for those with no one willing or able to act as Deputy, or where there is a dispute and an independent person is required.
Your situation is unique so we will work to provide advice and guidance tailored to you as well as explaining the Court of Protection process. We also offer fixed legal fees and timescales that are important for this type of work.
Court of Protection Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Frequently asked questions
The Court of Protection appoints a Deputy or Deputies to act for someone who cannot manage their affairs due to mental incapacity and who has not previously made an Enduring Power of Attorney or Lasting Power of Attorney. The Court of Protection also resolves disputes about whether a person should act as an Attorney or Deputy. The Court has the power to remove Attorneys and Deputies and appoint a new Deputy as a replacement. The Court can also authorise gifts and the creation of a will if the person does not have a will, or if an existing will needs to be altered. There are also powers of the Court to make orders about an incapacitated person’s health & welfare.
In order to obtain a Deputyship Order, there are fixed legal fees of £1,140 (£950 + VAT) to prepare the application. These fees can increase where there is complexity, for example:
- Additional orders (e.g. appointment of trustee for sale of co-owned property)
- Additional deputies
- Need to investigate and report on assets where unknown at time of application
- Objections raised by others (where there is an objection there will be delays to the appointment, statements to be drafted and preparation for hearings, so costs can quickly escalate in these circumstances)
- Court application fee of £371
B. If capital is less than £16,000 for over 60s, or £3,000 for under 60s - there may be an exemption(means-tested benefits) or remission (100% for income under £12k, then sliding scale to where no remission) available for those on low incomes.
- There may be further expenses such as for a doctor’s report (normally £150 - £500).
The time scale is around 9-12 months for a simple application.
The Court of Protection team has considerable experience with this kind of work and we currently look after the affairs of more than 150 clients on a continuing basis.
A Lasting Power of Attorney can only be made if a person has capacity. The mother or father’s capacity will need to be assessed. If they lack the capacity to make a Lasting Power of Attorney an application will need to be made to the Court of Protection for a Deputy to be appointed.
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Court of Protection Team
Samantha is a Solicitor and Member at Mullis & Peake and heads our Court of Protection team