It can be confusing to know when a Court of Protection order is needed, and how to go about acquiring one. Anjum Noreen, Senior Associate and Head of Department in our Court of Protection team, tells you everything you need to know.
A Deputyship Order is a legal document which appoints a Deputy to make decisions for someone else if the person is unable to do so themselves.
People may lack mental capacity because, for example:
- They suffer from an acquired brain injury or stroke
- They have dementia
- They have severe learning disabilities
When someone can’t manage their own property and financial affairs, a Deputy will be appointed by the Court to assist and support with such matters, such as paying bills and managing property, on their behalf.
How do you apply to the Court of Protection?
To apply to be a Deputy you must complete an application form, supported by an assessment of capacity form, a Deputy’s declaration and supporting information form. You can access these documents online at GOV.UK (opens in a new window) or via a solicitor.
You must also make people aware of your application. You have to tell the person who you want to support as well as three people who know that person well – like friends, relatives or their GP. The Court will ask to see proof that you have done this.
What is a Deputy?
The Deputy is often a trusted family member, but anyone can apply to become a Deputy as long as they are over 18 and have the mental capacity to do so. They must also fulfil the requirements as per the COP4 Deputy declaration.
If no one close to the protected party is suitable, the Court can appoint a Professional Deputy or a Panel Deputy as a last resort. The Court will take into account the protected party’s income, capital and asset position.
What can a Deputy do?
If you’re appointed as a Deputy, you’ll get a court order setting out the extent of your authority as a Deputy. When you become a Deputy, you must send an annual Deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made including a record of money that’s gone in and out of the protected party’s accounts that year.
Some of the things a Deputy can do includes:
- Paying bills and making transfers
- Managing regular payments (like standing orders)
- Selling property (subject to authority either within the order or to be obtained) or managing mortgage payments
How long does it take to receive a Court of Protection Order?
In most cases, a final order is made within six to nine months.
Most non-contested and straightforward applications, such as deputyship applications, are dealt with on paper without the need for the applicant to attend a hearing.
However, if someone objects to an application, it becomes contested. When an application is contested, the Court will decide on the best way of dealing with the case fairly and proportionately.
Because of this a contested application is more time consuming. As a result, it can take between nine and twelve months on average to resolve.
How long does a Court of Protection Order last?
Ultimately, the Court will decide how long the Order will last for based on the medical evidence in support of the application. In some cases, the Order will last for the whole of the protected party’s lifetime or it may be time limited if the medical evidence suggests that the person may regain capacity at a point in the future.
If you would like to know a little more about what our Court of Protection team can do for you/your family then please call us on 0161 884 0904 or email bromleys@bromleys.co.uk.