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If a Power of Attorney has not been prepared and someone no longer has the mental capacity to provide instructions, it is possible for someone to be appointed to act on their behalf as their “Deputy”. Such an application is made to the Court of Protection who oversees the actions of the Deputy.

Attorneys/Deputies have personal liability for any action they take on behalf of the incapacitated person. Our team will be able to advise you and deal with all applications to the Court of Protection and registrations with the Office of the Public Guardian. Costs are to be paid by the person on behalf of whom such application is made.

What is court of protection?

The Court of Protection is what it says-a Court that applications are submitted to with judges reviewing the information provided, more often now online but still some paper applications.

What is a court of protection order?

The Court of Protection is what it says-a Court that applications are submitted to with judges reviewing the information provided, more often now online but still some paper applications.

How long does it take to get a court of protection order?

It can take 12-18 months to get an Order appointing a Deputy for Property & Financial affairs, and approximately another 6 months for a further Order giving authority to sell a person’s property. If they have one.

What does the court protection do?

The Court allocates the application to a judge who decides if the information provided is enough to issue an Order appointing a Deputy. If not they will issue an Order asking for further information or actions by the applicant.