What is the Court of Protection?
The Mental Capacity Act 2005 brought about the Court of Protection – the aim of which is to ensure that the legal affairs of mentally incapacitated people are responsibly handled.
As such, the Court of Protection has the power to make decisions on behalf of the incapacitated – everything from finance and property matters to general welfare-related issues.
Deputyship gives you the authority to make financial or welfare decisions for a loved one who no longer has the mental capacity to make these decisions on their own. It is the duty of a deputy to always act in the best interests of the incapacitated person, making sure that all decisions made are for their benefit.
You can apply to become a deputy if you are the person’s spouse, partner, child, close relative or close friend – and you must be over 18. There can be more than one deputy, and in such cases the court may order you to make decisions jointly.
If you are appointed financial deputy, you are responsible for the person’s day-to-day financial affairs. This includes budgeting for their future, preserving their access to state benefits (if applicable), looking after any investments they have made, paying their bills, and sorting out their tax.
Of course, looking after an incapacitated loved one’s finances, health and welfare can be extremely stressful, time-consuming and, in some cases, rather harrowing. So, if it’s easier for you, we can act as their professional deputy – which allows you to concentrate on providing them with loving care. This is a service we provide to many clients.
Our Specialist Services
We can provide you with clear and honest advice on all matters concerning the Court of Protection. Our main services in this area include help with the following:
- Deputyship applications
- Contested deputyship applications (including expert dispute resolution)
- Specific applications to the Court of Protection – commonly in matters involving the sale of property and preparation of statutory wills
- Professional deputyship services (which, as mentioned above, allows for attentive and ongoing management of your loved one’s affairs)
Contact Slater Heelis’ Court of Protection Solicitors
For Court of Protection advice or more information about our deputyship services, give our solicitors in Manchester and Sale a call on 0161 969 3131. Alternatively, fill in our quick-and-easy contact form and we’ll get back to you the next working day at the latest.