What is a Court of Protection Order and how does it work?

A Court of Protection Deputyship Order is a legal document which appoints a Deputy to make decisions for someone else if the person is unable to do so for themselves.

People may lack mental capacity because, for example:

• They’ve had a serious brain injury or illness
• They have dementia
• They have severe learning disabilities

When a person cannot manage their own property and financial affairs, a Deputy will be appointed by the court to assist and support with such matters, such as paying bills and managing property, on their behalf.

How do you apply to the Court of Protection?

To apply to be a deputy you must complete an application form, supported by an assessment of capacity form, a deputy’s declaration and a supporting information form. You can access these documents online at GOV.UK (opens in a new window) or via a solicitor. 

You must also make people aware of your application. You have to tell the person who you want to support as well as three people who know that person well – like friends, relatives or their GP. The Court will ask to see proof that you have done this. 

Request a call back from our Court of Protection team.

What is a deputy?

The deputy is often a trusted family member; however, anyone can apply to become a deputy as long as they are aged 18 years old or over and have the mental capacity to do so.  They must also fulfil the requirements as per the COP4 deputy declaration.

If no one close to the protected party is suitable, the Court can appoint a panel deputy.

The court can appoint two different types of deputy, which are either to make decisions about your personal welfare or to make decisions about your property and affairs.

What can a deputy do?

If you’re appointed as a deputy, you’ll get a court order setting out the extent of your authority as a deputy.   When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made including a record of money that’s gone in and out of the protected party’s accounts that year. 

Some of the things a deputy can do include:

• Paying bills and making transfers 
• Managing regular payments (like standing orders)  
• Selling property (subject to authority either within the order or to be obtained) or managing mortgage payments 

Call today and speak to our legal professionals. 

How long does it take to receive a Court of Protection Order?

In most cases, a final order is usually made within four to six months.  

Most non-contested and straightforward applications, such as deputyship applications, are dealt with on paper without the need for the applicant to attend a hearing.

However, if someone objects to an application, it becomes contested. When an application is contested, the court will decide on the best way of dealing with the case fairly and proportionately.

Because of this a contested application is more time consuming. As a result, it can take between six and twelve months on average to resolve.

How long does a Court of Protection Order last? 

Ultimately, the Court will decide how long the Order will last for based on the medical evidence in support of the application.  In some cases, the Order will last for the whole of the protected party’s lifetime or it may be time limited if the medical evidence suggests that the person may regain capacity at a point in the future.

Call today and speak to a member of our Court of Protection team

If you would like to know a little more about what the team do or believe they can make a positive difference to you/your family then please call us on 0151 282 1700, request a callback at your convenience or message us your enquiry.