Court of Protection
If someone lacks capacity to make a decision in relation to any particular matter because of an impairment of mind, the Court of Protection can appoint a deputy to help the person come to a decision. The procedure for applying to the court and the powers which the deputy may be granted, are covered by the Mental Capacity Act 2005. The law and procedures are by no means simple. For example, just because someone is making an unwise decision does not mean the deputy or the court can impose what they might believe to be a wise decision. The legislation is all about empowering those who lack capacity wherever possible.
The Labour government decided some time ago that the civil courts must be self-financing so that those applying to the court are required to pay substantial fees. There are different forms to be used depending upon the nature of the application and lodging some of them attracts a fee as high as £400.
The deputy must work within the powers granted by the court and make an annual account to the Office of the Public Guardian (OPG) who regulate deputies.
Like any other court proceedings, you do not have to use a solicitor but it is inevitable that legislation, regulations, guidance, forms and case law will require careful consideration so that the costs of a solicitor experienced in this specialist area of work, could prove costs effective. O’Donnells have long experience of this type of work including wills, trusts, and gifts for tax planning purposes.
odonnells have long experience and expertise in the medical and legal issues required to advise on arising out of mental incapacity.
More Information
| Title | Date |
|---|---|
| Court of Protection - Further Information | 09/11/2008 |
