Deputyship and the Court of Protection – What families should expect

When someone loses the ability to make important decisions for themselves, it can leave families unsure of what to do next. It can be a challenging time, especially when financial responsibilities, healthcare decisions or day-to-day arrangements still need to be dealt with. This is where the Court of Protection steps in.

It exists to help with making decisions, or appointing someone to make decisions about a person’s finances, property, health or welfare when they lack mental capacity and they do not have Lasting Powers of Attorney.

The Court of Protection oversees decisions for people who are unable to make them due to conditions such as dementia, a serious illness, a learning disability or a brain injury. Its role is to protect vulnerable individuals and ensure decisions made on their behalf are always in their best interests.

In some cases, the Court makes a one-off decision, such as approving medical treatment or authorising the sale of a property. In others, it resolves disputes or becomes involved when concerns arise about how someone’s affairs are being handled.

If longer-term help is needed, the Court can appoint a deputy. A trusted person authorised to help manage someone’s affairs. Depending on the type of deputyship granted and what the Court has allowed, a deputy might:

• look after day-to-day finances
• pay bills
• manage bank accounts
• deal with property
• make decisions about care
• manage medical decisions

Whatever their role, deputies must always act in the person’s best interests and provide regular reports to the Office of the Public Guardian to show how decisions have been made.

Where no valid Lasting Power of Attorney is in place, families may need to apply to the Court of Protection. The process includes completing forms, obtaining a mental capacity assessment (COP3) and paying an application fee.

Although the process may seem complex, it is designed to safeguard those who cannot protect themselves and ensure their needs, wishes and dignity are prioritised throughout.

Understanding how the Court of Protection works is the first step towards making informed, confident decisions for someone who can’t make them themselves. With the right expertise on your side, the process becomes clearer and far less stressful.

If you have questions or would like tailored advice, our experienced team at Backhouse Solicitors is here to help. Contact us to speak to one of our specialists and find out how we can support you and your family with regard to Property and Financial Court of Protection matters.

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