Applications to the Court of Protection

Applying to the Court of Protection to appoint a Deputy

Applications to the Court of Protection for a Deputy to be appointed must be supported by a medical certificate confirming lack of mental capacity.

The application must also set out details of the assets held by the person who has lost mental capacity.

Further forms must be completed and submitted which provide details of the type of Court Order being applied for and details of the proposed Deputy so that the Court can assess their suitability.

A Deputy can either be a Lay Deputy or a Professional Deputy. A Lay Deputy would usually be the spouse, relative or close friend of the person lacking mental capacity. More usually a Professional Deputy is appointed. 90% of Professional Deputies are lawyers.

How Court of Protection Lawyers can assist you

Our specialist lawyers can prepare and submit an application to the Court of Protection for the appointment of a Lay Deputy, ensuring that all relevant information and documentation is included so as to enable the Court to reach a decision.

Our solicitors also act as professional Deputies should this be required. Research by the Office of the Public Guardian carried out in 2012 revealed that 90% of Deputies are solicitors. The legal fees of the application would be recoverable from the patient’s estate.

For FREE initial advice on applying to the Court of Protection give us a call on 0808 139 1606 or email us at [email protected]