Articles

THE COURT OF PROTECTION AND COURT

APPOINTED DEPUTIES 

The Court of Protection has the power to make decisions in relation to the property, affairs, healthcare and personal welfare of those who lack the capacity to do so themselves.  The Court can make orders:

•·          deciding whether someone has capacity,

•·          appointing a Deputy to make a decision for someone who lacks the capacity to make the decision themselves,

•·          remove a Deputy or Attorney who fails to carry out their duties,

•·          decide whether a Lasting Power of Attorney is valid, and

•·          make decisions on financial or personal welfare matters. 

Our services include:

•·          acting as a professional Deputy to administer the financial affairs and property for the person who

             lacks capacity,

•·          assist a relative or friend in making an application to the Court of Protection to be appointed as a lay Deputy.

•·          supporting lay Deputies with their duties and obligations under the Mental Capacity Act 2005, Court of

             Protection Rules and all other relevant legislation.

•·          advising and assisting clients and lay Deputies with applications to the Court of Protection for statutory wills,

             orders, directions etc. 

The Mental Capacity Act 2005 sets out five key principles which must be followed by all those who are responsible for managing the affairs of individuals who lack the capacity to do so themselves.  Those principles are:

•·          every adult is presumed to have capacity unless proved otherwise,

•·          every adult has a right to make decisions that may seem eccentric or unwise,

•·          every adult has a right to be given all appropriate support to make a decision before it is decided they

            do not have the capacity to do  so,

•·          everything done for a person who lacks capacity must be in their best interests, and

•·          everything done for a person who lacks capacity must be done in such a way that is least

            restrictive of their basic rights. 

The duties and responsibilities of a Deputy under the Mental Capacity Act 2005 are onerous with capacity needing to be reviewed on an issue by issue basis.