Court of Protection Applications

If you never lose your mental capacity, there may never be a problem.

But if you do, and you haven’t taken control while you were well, then someone would need to make an application to the Court of Protection to request permission to make decisions for you.

A photo to represent the Court of Protection Applications service provided by Thomas Flavell & Sons

Although we all hope that a loved one would step in and make the Deputyship application, by not making LPAs now while you're well, you lost control over who may be appointed to help you. Someone as remote as a creditor can apply to be a Deputy if no one else steps forward. 

Whilst it's good to know there is a solution, the reality of a Deputyship application for your loved ones can be very stressful, time consuming and expensive. These applications can take many months to be concluded. 

After a Deputyship Order is made, what your Attorney(s) can and can’t do is very limited. When it comes to big decisions (such as the sale of property), your Deputy would have to make a further application for permission and authority to do this, which again involves more forms, more delays and further Court costs.

When a Deputyship Order has been made, your Deputy will have the added responsibility to provide accounts every year, detailing what your income and expenses have been. Again, the Court charge a fee for reviewing these accounts. 

It is also important to remember the Court are usually very reluctant to appoint a Deputy for Health and Welfare. As a result, when the time comes, your care would be decided by medical professionals who don’t know you. Whilst some people may be comfortable with this, many people are not.

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