Court of Protection
The Court of Protection oversees the affairs of people who have lost mental capacity and cannot deal with their own affairs or finances, nor make decisions for themselves. The main court is in London but there are several regional courts.
Who is the Public Guardian?
A person appointed to keep records and to supervise deputies to make sure they are acting properly for the person who has lost their mental capacity.
Mental capacity
People may lack mental capacity if for example they have had an accident or illness causing serious brain damage, or they have dementia or severe learning difficulties.
What is a deputy?
Someone appointed by the court to make decisions on behalf of a person who has lost mental capacity. Such decisions can include:
- Making sure the person receives all the benefits they are entitled to
- Making sure their money is properly invested so that funds are available if needed
- Making sure the person lives in a safe and secure place and that they are properly looked after
- Making sure their health needs and medical treatments are met
- Dealing with social care
How can I become a deputy?
Our Court of Protection experts can deal with an application to appoint you as a deputy. We can make this process easy and cut out the jargon often used on the internet associated with such applications.
What do I have to do once I become a deputy?
Being a deputy is a responsible position. Your duties will included safeguarding monies, ensuring there are sufficient funds available depending on the needs of the person who has lost mental capacity, preparing annual accounts to the Court of Protection to name but a few. We can advise you on all these matters and can prepare the accounts for you. You may also have to make decisions about the health and welfare needs of the person who has lost capacity.
For more information about wills and probate, please contact our Wills and Probate specialists in Halifax, Huddersfield or Brighouse.
Lauren Allette
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Linda Heaton
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Hayley Meskimmon