Court of Protection

Sometimes decisions need to be made about an individual’s personal affairs. But, that personal may not have capacity to make that decision themselves. That’s where the Court of Protection comes in. If you need help with Court of Protection work, call us on 01925 351 350.

What Is the Court of Protection?

The Court of Protection (COP) exists to make decisions on behalf of people who lack the capacity to make those decisions for themselves.

This could include deciding whether or not an individual has mental capacity to make their own decisions, appointing deputies to make ongoing decisions for an individual, and making decisions about powers of attorney.

If someone lacks or is expected to lose mental capacity, the court of protection will likely be involved at some stage to appoint a deputy or make a lasting power of attorney. Both of these allow another person to make decisions on behalf of someone else, but there are a few differences.

If you need help with Court of Protection work, please give us a call on 01925 351 350.

Dispute over property with a neighbour

What’s the Difference Between an LPA and Deputyship?

An LPA and deputyship will allow another person to make decisions on behalf of someone else, but there are a few differences.

  • With an LPA, the individual will nominate a person to act on their behalf while they still have capacity.
  • The COP can appoint a deputy to make decisions when the individual has already lost mental capacity.
  • Deputies must submit an annual report to the Office of the Public Guardian (OPG) regarding expenditure, whereas an LPA does not.
  • The process of appointing a deputy is a much longer process which can take several months, whereas registering an LPA can be done in around eight to twelve weeks.

It’s important to understand the difference between deputyship and lasting power of attorney. We can help.

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Give us a call now to find out how we can help you.

How Can We Help?

We can help you decide whether an LPA or deputyship is more appropriate for your situation.

Our solicitors can help you register an LPA, helping you to determine to right type for you. Or, we can help you apply for a deputyship.

Whatever your situation, please give us a call on 01925 351 350 to see how we can help you with Court of Protection work.

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