Loss of Mental Capacity

What is the Court of Protection?

The Court of Protection is a special court which only deals with applications made on behalf of, or about, those who have lost the mental capacity to make those decisions themselves. The Court appoints the Deputy, sets out the limit of his or her authority and decides on applications such as requests to buy or sell property, change the Deputy, undertake litigation or to make or amend a Will. It also has jurisdiction to make health and welfare decisions although this is likely to be restricted to a defined issue.

The main role of the Office of the Public Guardian is to supervise the Deputy. The level of supervision is set by the Court and ranges from a “light touch” for experienced Deputies, to a more hands-on approach where the Deputy may need more support. The Office of the Public Guardian also investigates any allegations of abuse by the Deputy, or an attorney.

The application to the Court of Protection can be confusing and extremely frustrating. It can also take several months.

Our Wills, Probate, and Elderly Client team can help!

Browell Smith & Co’s expert team can prepare all the paperwork and submit the application for you.

We can also assist and advise once you have been appointed as Deputy. Where appropriate we can also arrange for a professional to act as Deputy. The Court of Protection may often require a professional Deputy when there are substantial assets to be managed.

The members of our team are experienced in acting as Deputies when required, and advising individuals appointed as Deputies. Our clients include the elderly and those with more complicated needs arising from brain injury.

If you or someone you know have been recently diagnosed with a degenerative condition you or your family member may still have the capacity to make decisions. If this is the case a Court of Protection application may not be necessary.