Deputies and Court of Protection Orders

Court of Protection Deputies

If a family member or someone close to you has lost their capacity to make decisions for themselves, and they have not appointed any Attorneys appointed to act for them, you can apply to the Court of Protection to become that person’s Deputy and make certain decisions for them.

The Court fee for the application is currently £371.

Like with Lasting Powers of Attorney, there are two types of Deputy: a Property and Financial Affairs Deputy, and a Personal Welfare Deputy.  A Property and Financial Affairs Deputy can deal with things such as paying bills for their loved one.  A Personal Welfare Deputy can make decisions about a person’s housing or care – but only where there is a dispute.

Each year, a Deputy must complete an Annual Report and send it the Office of the Public Guardian.  

In order to become a Deputy, there are various checks to be carried out.  This can be complicated and even may put some people off becoming a Deputy for a loved one.  

It is easy to see why creating Lasting Powers of Attorney is an easier (and cheaper) option when compared to Deputyship.  However, in some cases, it is not possible to create LPAs in advance of something happening to a loved one.  Here at Castle Family Legal, we are equipped with the knowledge and expertise to be able to guide you through the process, from initial advice as to whether a Deputy is required, through the application process, to completing the Annual Report, all for a very reasonable fee, agreed on an individual basis.

Our initial consultations are always free and we do not add any pressure to what can be an already difficult situation.  So please give us a call and we’ll be pleased to discuss your circumstances.  You can also email us or contact us through the website here.

One-off Decisions

You can apply to the Court of Protection to make a single decision if you are concerned about a serious matter involving a loved one who is unable to make a decision for themselves (i.e. they do not have mental capacity). 

If your loved one has no appointed Deputies or Attorneys, and there is a disagreement about the matter in question, you can make an application for a Court Order.  If there is no other way to resolve the matter, the Court of Protection may make the decision.

If you or a loved one are in this situation, then we are pleased to offer advice and an application service at a reasonable rate.  Please drop us a line and we will arrange a (free) consultation with you.

In addition to our fee, the fixed application fee for the Court is currently £371, although discounts are available for those on low incomes.

Emergency Orders

You can also apply to the Court of Protection to make an emergency decision when there is a risk to the life or welfare of another person, and that person doesn’t have capacity to make a decision for themselves, such as for urgent medical treatment.

If there are no Deputies or Attorneys yet appointed on behalf of the person, and there is an urgent time limit, the Court of Protection may grant an Order which allow you (the applicant), to make that crucial decision for your loved one.

There is no court fee for an emergency application, but for a very reasonable fee we can assist with the application to the Court.  Please get in touch and we will always call you back.

If you feel that any of the three scenarios above apply to you or a loved one, please do not hesitate to give us a call and we will happily call you back and advise you.  We do not charge for our initial advice.