The Court of Protection makes decisions in relation to the property affairs, finance,
healthcare and personal welfare of adults who lack the capacity to make their own decisions.
If you know a family member, friend, neighbour or anyone who you think is having
difficulties in making decisions about their own affairs, they may need someone to be
appointed to make these decisions on their behalf.
If someone has already had drawn up a Lasting Power of Attorney (or possibly an Enduring
Power of Attorney) to deal with their Property & Financial Affairs, or to deal with their
Health & Welfare issues, then their appointed attorney or attorneys will usually be able to
continue to manage their affairs.
However, if there are no Lasting Powers of Attorney in place someone will need to apply to
the Court of Protection to be appointed as the Deputy for the person who has lost their mental
The Mental Capacity Act states that every adult should be assumed to have capacity to make
a particular decision unless it’s established that they lack capacity to do so. Sometimes, even
if a person is finding it difficult to make a decision, with the appropriate help and support
they may have the capacity to make it.
If you reasonably believe they lack the capacity to make that decision, then you should assess
their capacity. The person’s family doctor would probably be able to assist you in
determining this, as you would not be expected to be an expert in making such an assessment.
If you know or care for someone who is having difficulties making decisions about their
personal health, finance or welfare, you may need to apply to the Court of Protection so that
you (or someone else) can be appointed their Deputy to make decisions for them.
The Deputy, who can be a family member or friend, will deal with the affairs of the person
who has lost capacity under the supervision of the Court of Protection. The Deputyship order
from the Court of Protection will set out the extent of the Deputy’s powers. It will usually
relate to finances, sometimes to personal welfare, or even both.
If you are appointed as their Deputy, the decisions you make can have a major impact on the
person who lacks capacity. Therefore, you should always:-
Make decisions in the best interests of the person concerned
Only make decisions you are authorised to make by the order of the Court
Liaise with the person concerned as much as is possible
Keep accounts and report at regular intervals to the Court of Protection
We have a dedicated team to deal with applications to the Court of Protection for Deputyship
orders and other matters. If you think you need to take over the affairs of a family member or
close friend, contact us now for assistance. We’ll be happy to give you initial telephone
guidance free of charge.
Interested to learn more?
Get in touch by filling up the form below.