Court of protection and deputyship

The Court of Protection was established under the Mental Capacity Act 2005 and decides on issues relating to mental capacity. It can either make decisions on behalf of an individual who lacks capacity or delegate authority to another person (a deputy) to make decisions on behalf of an individual who lacks capacity.

Therefore, if you do not already have a Lasting Power of Attorney (LPA) and you lose mental capacity, someone will have to apply to the Court of Protection for a Deputyship Order in order to make decisions on your behalf.

There are two types of Deputyship Order: one concerning health and care decisions and the other finance and affairs. Applying for a Deputy is a long drawn out process and expensive and as a Deputy you will have to submit a report to the Office of Public Guardian each year.

Here at pro-law we strongly recommend that you consider making a Lasting Power of Attorney(s) (link to LPA PAGE) at your earliest convenience to avoid those closest to you having to apply for a Deputyship order.

At Pro-Law we are also available to support a professional Deputy through any dealings with the Court of Protection. We can support with paperwork for an application, explain and advise on the process and can attend any hearings as a McKenzie friend if required. 

Please do get in contact if you think Pro-Law can help or advise you with any matters related to the Court of Protection and deputyship.