Court of Protection
Deputyship Applications
We complete the documentation at a fraction of the high street solicitors cost
Out Of Hours Service
The Court of Protection allows Deputies (Usually family members) to make decisions on behalf of people who lack the mental capacity to make those decisions for themselves.
If you know or care for someone who does not have the mental capacity to make decisions about their own finances, we will guide you through this complex process at a fraction of the cost charged by high street solicitors
FREEphone 0800 0938 429 or Email us at info@court-of-protection.com
What is the Court of Protection?
The Court of Protection was set up as a result of the Mental Capacity Act in 2005 to help Deputies (usually family members or close friends) make decisions for someone who lacks mental capacity to make their own decisions.
How long does the Court take to appoint a deputy?
The process of appointing a deputy normally takes 3-4 months but the courts are currently suffering delays, it can take four to six months. The Court can process matters urgently when needed under specific circumstances.
Information and our processes for Court of Protection applications
Having specialised in Court of Protection applications for 10 years we have a streamline process from start to finish at a fraction of the cost charged by high street solicitors.
All discussions with clients are done via telephone or zoom to reduce their costs. We complete and check ALL of the documentation submitted to the Court.
The Court of Protection is a specialist court for all issues relating to people who “ALREADY” lack capacity to make specific decisions. The Court makes decisions and appoints deputies to make financial decisions in the best interests of those who lack capacity to do so.
The Court of Protection application is a three phased process. Recent changes to the Court process now means that Phases 1 and 2 are completed together at the outset.
Phase 1 (Application Phase)
Completion of a number of different forms providing the court with specific detailed medical information, financial information and details about the proposed deputies.
Phase 2 (Notification Phase)
A time critical phase where notice of the application has to be given to close relatives which are not involved involved in the application.
Phase 3 (Administrative Phase)
The final phase will be completion of the Guarantee Bond as stipulated by the Court.
We complete and check ALL of the documentation submitted to the Court.
All the documentation is despatched 1st class post on the same day we liaise with the applicants. We also have an out of ours service to assist those families which can’t speak during the working day.
What does it cost to apply?
High Street solicitor law firms charge fees between £1,500-£3,500 plus VAT.
There will also be a Court of Protection Application Fee of £371 which needs to be paid with the application and two other costs (Doctor’s Assessment fee and Guarantee Insurance Bond) are also payable during the process. We will guide you through these.
Can a deputy sell a property that is owned (or partly owned) by someone who lacks mental capacity?
How long does a Court of Protection order last?
What is a Deputy?
There are two types of deputy:
A property and affairs deputy can make financial decisions on behalf of someone who lacks mental capacity to make their own decisions.
A personal welfare deputy can make welfare, care and medical decisions on behalf of someone who lacks mental capacity to make their own decisions.
Who can become a deputy?
Any adult over the age of 18 (usually a family member) can be appointed as a deputy.
In some circumstances a solicitor or a trust corporation can be appointed as a deputy but this only usually happens where there is no one willing to take on the roll.
It is preferable that at least two deputies are appointed.
We are available 9.00am - 7.00pm, 7 days a week
How Much Does It All Cost?
We will charge ONLY £499 (Excl VAT).
Compare this to your high street solicitor who will charge you on average between £1500 and £3500 (Excl VAT) to complete the documentation.
We will advise you about the court fees when we discuss the application with you. However, some clients who are on a low income or receive benefits, may be exempt from court fees, or only have to pay some of them.