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Private Client Services from Comptons Solicitors

Court of Protection Applications

Submitting a Court of Protection Application

You can apply to become someone’s deputy if they ‘lack mental capacity’.
What is the Court of Protection?

The Court of Protection makes decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).

The Court of Protection is responsible for:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
Who can make decisions for a person who lacks mental capacity?

This depends on whether any arrangements were put in place before the person lost mental capacity. If the person had put in place a Lasting Power of Attorney before they lost capacity, their affairs would be managed by their appointed Attorney. If the person loses capacity without having this document in place, then a friend or relative can apply to become a Court of Protection Deputy to make decisions on their behalf.

How do I make an application to the Court of Protection?

Comptons Solicitors is experienced in all aspects of Court of Protection applications, advising and assisting with preparing applications to obtain an Order of Deputyship in respect of the assets or health matters of a person who lacks mental capacity.

Looking to make a Court of Protection Application? Get in touch with a member of our team.

Who to speak to at Comptons

Lanka Bandara
Associate Partner, Head of Private Client
+44 (0)20 7482 9526
lb@comptons.co.uk

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