Court of Protection & Deputyship Solicitors

At Merriman Solicitors, we understand that dealing with a loved one’s loss of mental capacity can be an extremely stressful and challenging time. Even with a Lasting Power of Attorney in place, the legal, administrative and emotional burdens can be overwhelming. In these circumstances, expert guidance and support from qualified solicitors can make all the difference, helping you navigate these complexities with confidence and care.

What Does the Court of Protection and Deputyship Do?

The Court of Protection and Deputyship determines whether a deputy (or multiple deputies) should be appointed to an individual based on an evaluation of the latter’s mental capacity. If deemed appropriate for a deputy to be appointed, they will have the authority and responsibility to act in the best interests of the protected individual. Some of the key functions of the Court of Protection and Deputyship include (but are not limited to):

• Assessing Mental Capacity: The Court determines whether your loved one is capable of making their own decisions regarding finances and well-being. In addition, they evaluate cases where the Mental Capacity Act may be used to restrict the freedom of a vulnerable person for their safety.
• Appointing Deputies: The Court may appoint  deputies to make ongoing decisions for vulnerable individuals, ensuring their needs are met consistently.
• Special Occasion Decisions: Deputies can make specific decisions for special occasions or the unique needs of the protected individual.
• Emergency Applications: In urgent situations, the Court can manage emergency applications to address immediate risks or needs.
• Power of Attorney Decisions: The Court decides on the creation and registration of Enduring Powers of Attorney or Lasting Powers of Attorney.

How Do You Apply for Deputyship?

Applying for a Deputyship Order can be a complex process, so it’s advisable to seek legal assistance in order to ensure it runs smoothly. Below we’ve provided a brief overview of the process:

1. Application Submission: Submit an application to the Court of Protection, detailing the need for a Deputyship Order.
2. Choose Deputy Type: Apply to be a Personal Welfare Deputy, a Property and Financial Affairs Deputy, or both, depending on the needs of the individual who requires protection.
3. Form Completion: Complete several detailed forms that provide the Court with the necessary information to assess the application.
4. Notify Relevant Parties: Inform the person you are applying for, and notify at least three others who know them, such as friends or family. Provide proof of these notifications to the Court.
5. Court Evaluation: The Court will then review the application and may schedule a hearing for additional information.

How Can Merriman Solicitors Help?

Navigating the Court of Protection and Deputyship process can be daunting without professional guidance. While you are not required to work with a solicitor, doing so can significantly streamline the process, reduce the risk of errors and delays and ease the emotional burden.

Our team at Merriman Solicitors is highly experienced in handling Court of Protection and Deputyship applications. We assist with:

• Application Form Assistance: Helping you complete the necessary forms, including the assessment of capacity form, deputy’s declaration, and supporting information form.
• Legal Guidance: Providing expert advice throughout the application process to ensure your loved one’s best interests are upheld.
• Representation: Representing you in court hearings, if necessary, to advocate for the needs and welfare of the protected individual.

For more information or to discuss your specific needs, contact our team at Merriman Solicitors. Reach out via our contact form or call us on 01672 515846. Let us help make the process as smooth and stress-free as possible.