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020 8290 7420

 
Email
mparsons@judge-priestley.co.uk

Court of Protection

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Q. What is the Court of Protection?
A. This Court makes decisions about people who lack mental capacity. The Court appoints Deputies, decides whether a Lasting Power of Attorney is valid, hears objections about registration of a LPA and other matters. The Court has the same powers as the High Court.


Q. What is a Deputy?

A. A person appointed by the Court of Protection to care and make decisions in respect of financial or welfare matters, for someone who is unable to do so.


Q. How do I become a Deputy?
A. You must apply to the Court of Protection on the relevant forms to enable them to consider whether an appointment of a Deputy is needed. The Court will look at the Mental Capacity Act 2005. Generally a Deputy will only be appointed where a number of decisions have to be made on the person's behalf which can be financial or welfare decisions.

Q. Will I have to go to the Court of Protection in person?
A. Not normally, but certainly in complex matter or disputed matters a hearing before the Court is likely.

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