There may come a time when a loved one may lose the mental capacity to manage their affairs. When this happens, an attorney can conduct their affairs.

We offer a helping hand through the Court of Protection process, helping you help your loved one.

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If a person has lost mental capacity to manage their affairs, it may be that an application to the Court of Protection needs to be made.

This may be a temporary situation or a permanent one, but without some form of legal authority, nobody can undertake and assist with the management or decisions involved in that person’s affairs.

The person may have already created a Power of Attorney document, such as a Lasting Power of Attorney (LPA), either for finances or health and welfare.

As long as it has been registered with The Office of the Public Guardian (OPG), then the person(s) appointed in the document will have the legal authority to make best interest decisions on their behalf, depending on any restrictions.

In instances where there is no one appointed to perform that role, an application will need to be made to the Court of Protection for someone to be appointed as a Deputy to be able to make the necessary decisions.

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What is the Court of Protection?

The Court of Protection is a specialist Court which deals with applications on behalf of people who have lost their mental capacity and are therefore unable to manage their own affairs.

The Court has the power to appoint a ‘Deputy’ to deal with property and financial affairs and in some instances the health and personal welfare of the person who is no longer able to make their own decisions.

The Court works alongside the Office of the Public Guardian to oversee the general management of the affairs.

Court of Protection FAQs

What is a deputy?

A person appointed by the Court to manage the affairs of someone who lacks capacity.

Who can act as a deputy?

Anyone over the age of 18 years can apply to be appointed as a Deputy.

The Deputy is usually a relative or a close friend of the person who lacks capacity, but a solicitor or other professional such as an accountant can also act as a Deputy if required

What are the responsibilities of a deputy?

The Court will issue an order setting out the specific powers that the Deputy has to manage the person’s financial affairs. The Deputy’s role may include maintaining a bank account, selling a property, making investments, filing tax returns, employing carers etc.

There are certain things that a deputy cannot do, such as stopping life-sustaining medical treatment or making large gifts out of the person’s money. They cannot put their money or property into their own name and they cannot make a Will for the person, or make a change to their existing Will. You can, however, apply to the Court of Protection to make a Statutory Will on their behalf.

The Court closely monitors the actions of the Deputy to ensure that they are acting in the best interests of the mentally incapable person at all times. The Deputy must arrange a security bond and file an annual account for each and every year they act on behalf of that person.

Appointing a professional deputy

Dealing with the Court of Protection and the Office of the Public Guardian can be very time consuming and stressful and it often arises at what may be a very difficult time for you and your family.

In order to make things easier for our clients, we can act as a professional Deputy.

Appointing a professional Deputy ensures that there is somebody on your side who fully understands the legal procedures. It should also give you complete confidence that the affairs will be handled properly.

How do I apply to the Court of Protection?

The procedures involved in making an application to the Court can be confusing and the nature of the application will determine which forms are required.

It is important that the forms are completed correctly and to know exactly what powers you need to apply for.

We can advise you on your application and can help you fill out the forms correctly.

Court of Protection

What is the Court of Protection?

Court of Protection FAQs

Statutory Wills

Living with Dementia

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Court of Protection

What is the Court of Protection?

Court of Protection FAQs

Statutory Wills

Living with Dementia

Contact our team

Stay up-to-date with Hegarty