Court of Protection Solicitors

How do I know if a person has capacity?

A person may have capacity to make some decisions but lack capacity to make others.

To have capacity the person must be able to do all of the following:

• Understand information given to them

• Retain that information.

• Weigh up the information available to make the decision.

• Communicate their decision.

What is the Court of Protection?

The Court of Protection assists people who lack mental capacity. The court makes decisions for them about their finances and their health and welfare.

This court was set up to safeguard vulnerable adults who lack mental capacity and also children who are likely to lack capacity when they reach the age of 18.

The court decides if a person lacks capacity, appoints deputies and deals with applications to approve certain expenditure such as a property purchase, make payments for care to a family member and set up a will for the incapacitated person.

The court deals with disputes that arise between family members and deputies. The court safeguards the interests of the incapacitated person and protects them from exploitation.

What is a deputy?

A deputy is appointed by the Court of Protection to act for a person who lacks mental capacity to manage their finances. The role of the deputy is similar to a trustee.

The deputy must always act in the incapacitated person’s best interests. They must take into account the person’s wishes and feelings, and beliefs and values. The deputy must always choose the option which gives the person the most freedom and autonomy.

There is another type of deputy who will deal with Personal Welfare and they make decisions on medical treatment and how someone is cared for. Hodge Jones & Allen Deputyship Solicitors only act as Property & Financial Affairs Deputies.

Who can be a deputy?

A deputy can be a family member or a professional. The court may appoint a sole deputy or two deputies to act together.

What financial duties does a deputy have?

The deputy has numerous financial duties:

• They must keep the deputyship funds separate from their own personal funds.

• They must keep proper records and accounts.

• They must keep the assets safe and insured.

• They must invest funds so as to achieve the best possible return.

• They must claim all benefits and money due.

• They must budget carefully to ensure that the money lasts for as long as it is needed.

The work of the deputy is supervised by the Office of the Public Guardian (OPG). The deputy has to file annual reports and accounts with the OPG.