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Property and Financial Affairs in the Court of Protection

The most common application to the Court of Protection is requesting permission to be appointed as Deputy to manage the property and financial affairs for someone who has lost the mental capacity to do so themselves and can no longer give instructions for a Lasting Power of Attorney.

Appointment as a Deputy will give you legal authority to act on behalf of someone, following the rules set out in the Court Order.  If you want to do more than the Order permits, then you will need to go back to the Court and request permission.

The process

It can take between 4 and 6 months – sometimes longer – to become appointed. In order to provide full information to the Court we need to supply:

  • Independent mental capacity assessment confirming in that professionals’ view that the person who the application relates to has lost mental capacity to manage their property and financial affairs
  • Detailed application form
  • Supporting evidence with full disclosure of all financial matters relating to the person who has lost capacity
  • Supporting information in respect of any urgent interim application
  • Witness statement(s)
  • Deputy declaration signed by the person applying to become appointed as Deputy

A court fee is payable on submission of the documents, currently £400.

Keeping the person who has lost capacity at the centre of the process

Throughout the application process, the Court of Protection requires that we serve notice to the individual concerned, telling them about the application, in order to give them the opportunity to contribute or contest it.  Many families are worried that this will cause unnecessary upset to their loved one.  However, if we are serving the notice on the client, we take every step to provide reassurance and provide information in a way that suits any physical, mental or sensory disability.  If we are making an application to appoint Debbie Anderson, Head of the Health and Community Care Team to be the professional deputy, then members of our team will have already started to build a long term relationship with the person concerned. Call us on 01926 354704 to find out more.

Team members

Annabel Kay
Senior Solicitor
Debbie Anderson
Solicitor | Director | Head of The Health and Community Care Team
Marie O'Malley
Senior Solicitor
Yvonne Chapman
Senior Solicitor

News and media

  • News
    • Posted on November 20, 2023
      As great supporters of ‘Carers Rights Day’, we were delighted to be asked by The Carers Trust to feature on their latest special edition podcasts; specifically focusing on the legal aspects of care. For many people, navigating the Care System can be challenging enough without trying to understand the legal requirements that surround it all.
    • Posted on March 13, 2023
      The Ministry of Justice has decided against developing a scheme which would give families access to small funds belonging to young adults who lack mental capacity without having to ask permission from a court.
    • Posted on March 2, 2021
      Moore & Tibbits solicitors are delighted to announce the expansion of their specialist Court of Protection team based in Westgate House, Warwick.

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