The Court of Protection appoints Deputies (formally called Receivers) to oversee the management of the personal and financial affairs of those people who lack the mental capacity to ensure that decisions which are made on their behalf are in their best interests.

If a family member or friend is unable to handle their financial, property or legal affairs it may be necessary for you to apply to the Court of Protection for a Deputyship Order (formally Receivership Order) under the Mental Capacity Act 2005. If an Order is granted you will be authorised by the Court of Protection to handle the affairs of the person who lacks capacity. Our Probate Team has extensive experience in making such applications and would be happy to assist you.

We are able to assist clients in the completion and submission of applications to the Court of Protection. Once we have made an application to the Court of Protection the Court will:-

• Assess whether the individual in question is capable of making the decisions in question.
• Make decisions on financial, property, legal and welfare matter.
• Appoint Deputies to be responsible for making such decisions on behalf of those who lack capacity.

The Court of Protection is also responsible for registering Lasting Powers of Attorney (LPA) or Enduring Powers of Attorney (EPA). The Court also has the power to dismiss Deputies (Receivers) who are found to be abusing or neglecting their duties.

If you require further information about Court of Protection Applications, or to arrange an appointment, please contact us.