Court of Protection

If a person lacks capacity to make a decision in relation to any particular matter becuse of an impairment of mind, the Court of Protection can appoint a deputy (formally known as a recevier) to help the person come to a decision. The procedure for applying to the Court and the powers which the deputy may be granted, are covered by the Mental Capacity Act 2005. The law and procedures are by no means simple. The legislation is all about empowering those who lack capacity whereever possible.

Those applying to the Court to act as a deputy are required to pay substantial fees. There are different forms to be used depending upon the nature of the application and lodging some of them attracts a fee as high as £400.00.

The deputy must work within the powers granted by the court and make an annual account to the Office of the Public Guardian who regulates deputies.

Like any other court proceedings, you do not have to use a solicitor but it is inevitable that legislation, regulations, guidance, forms and case law will require careful consideration so that the costs of a solicitor experienced in this specialist area of work, could prove costs effective. Our team have long experience of this type of work and are happy to help.

For further information please contact any member of our department.

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