Court of Protection Applications

When a loved one loses the ability to make important decisions due to illness, injury or age-related conditions, it can be a distressing and uncertain time. In situations where mental capacity is an issue, our team at DTM Legal assists with Court of Protection applications, providing compassionate and professional support to safeguard the interests of vulnerable individuals.

We are here to act as the trusted legal partner for families, carers and appointed deputies through what can be a complex legal process, ensuring that the right protections are in place.

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What is the Court of Protection?

The Court of Protection exists to allow the appropriate person(s) to make decisions on behalf of people who lack the mental capacity to manage their own affairs. This can include decisions about property, finances, healthcare and personal welfare.

In many cases, an application to the Court is needed when:

• A person has not made a Lasting Power of Attorney
• There is a need to appoint a deputy to manage financial or welfare matters
• A decision needs to be made in the best interests of someone who lacks capacity
• There are concerns or disputes between family members or carers
• A Trustee is required to be appointed due to ownership of Property
• A statutory will or financial gifts or other specific requests are considered appropriate

Our specialist team can help you understand whether a Court of Protection application is necessary and support you throughout the process.

The Role of a Solicitor in Court of Protection Matters

Our Solicitors provide essential guidance to ensure vulnerable individuals are protected and that families can act with legal authority. We offer support with:

• Deputyship applications: Applying to the Court to become a legal Deputy for property, financial affairs or health and welfare decisions
• Ongoing support for Deputies: Advising on the legal duties of Deputies, including reporting requirements and managing accounts
• Statutory Wills and gifts: Assisting with applications for one-off decisions that require Court approval
• Resolving disputes: Supporting families where there are disagreements over a person’s care, living arrangements or finances
• Emergency applications: Providing urgent support where immediate decisions are needed for someone lacking capacity

At DTM Legal, we combine technical expertise with empathy, ensuring that every step is handled with care and clarity.

Frequently Asked Questions

What is a Deputy and how is one appointed?
A Deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who no longer has mental capacity. A formal application must be made to the Court, which can take several months.

What’s the difference between a Deputy and an Attorney?
An Attorney is appointed through a Lasting Power of Attorney while the person still has mental capacity. A Deputy is appointed by the Court when the person needing  the Deputy no longer has mental capacity to deal with their own affairs.

How long does a Court of Protection application take?
The process can take several months, depending on the complexity of the case and whether there are objections. We aim to ensure applications are completed as efficiently as possible.

Can the Court make decisions about health care?
Yes, the Court can be asked to make decisions about treatment or living arrangements, especially where there are disputes or sensitive medical issues involved.

Do Deputies have ongoing responsibilities?
Yes. Deputies must act in the best interests of the individual, keep detailed financial records, and submit annual reports to the Office of the Public Guardian.

Considerations Before Speaking to a Solicitor

Before contacting us about a Court of Protection application, it’s helpful to reflect on the following points. These considerations can ensure we provide the most accurate advice from the outset and help streamline the application process:

• Is there a valid Lasting Power of Attorney or Enduring Power of Attorney already in place?
  If an LPA or EPA exists, a Court of Protection application may not be necessary. These documents can allow a chosen Attorney to act on the person’s behalf, avoiding the need for Court intervention. We can help review whether the document is valid and applicable to the current situation.
• What decisions need to be made – financial, welfare, or both?
  Understanding whether the application relates to property and finances, health and welfare, or both helps determine the type(s) of Deputyship or Court order required. Some cases may need dual applications or urgent action depending on the decisions involved.
• Are there family members or carers who may be suitable to act as a Deputy?
  The Court generally prefers to appoint a trusted relative or close friend as Deputy. Identifying willing and capable individuals early on can help the process progress more smoothly and reduce the risk of delay.
• Has the person been medically assessed for capacity?
  A formal medical assessment is crucial, as the Court requires evidence that the individual lacks the mental capacity to make specific decisions. We can assist in arranging this assessment if one has not already been carried out.
• Are there any disagreements or complexities that may arise in the application?
  If there are disputes between family members or concerns about financial abuse or neglect, these need to be addressed carefully and may require additional steps or supporting evidence. Raising these issues early allows us to manage them proactively and minimise stress.

Contact Us

If you are supporting a vulnerable loved one and need help with a Court of Protection application, our team is here to help. Contact Heather Lally, Partner in our Wills, Trusts and Estates team, by calling 01244 354822 or via email at heather.lally@dtmlegal.com for legal excellence and an outstanding service.