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If you or someone you care about becomes mentally incapacitated, it’s important that you have the right measures in place, either through appointing a Power of Attorney (LPA) or applying for a deputyship. However, the process to getting this approved and legally certified can take a long time and involve a lot of confusing documentation.
That’s why it’s best to seek help from those who specialise in this area of law, and at Moore Barlow we have access to a talented team of Court of Protection (CoP) lawyers. We have a number of different firms so that you can find one close to home, with legal experts ready to offer the advice you need. At Moore Barlow, we’ll understand your situation and create the best plan of action to look after you or someone you care about.
What is the Court of Protection?
As a result of the Mental Capacity Act 2005, you must go through the Court of Protection if you want to make any decisions on the behalf of someone who is mentally incapacitated, i.e., suffering from a mental illness or cognitive impairment. This includes applying for Power of Attorney, as well as a deputyship.
What does the Court of Protection do?
The Court of Protection make sure that those put in charge of the mentally incapacitated and their affairs are looking out for their best interests, through a rigorous process where all potential attorneys and/or deputies are checked. Their aim is to protect the mentally incapacitated from being taken advantage of, especially when it comes to their finances.
How do you get Court of Protection?
The process with which you have to apply for LPA or deputyship can be lengthy and complicated, with very strict terms and requirements. It can be difficult to be granted a certificate, so it is best to seek a solicitor that can help you with whatever expert advice you might need when filling out the paperwork.
How long does it take to get a Court of Protection order?
In order for the CoP to grant you permission to become an LPA or deputy, you must fill out a number of documents and provide additional information depending on what type of attorney you are seeking. The usual time period for most applications to be approved by the CoP is 3-4 months.
How much does applying to the Court of Protection cost?
Depending on what you are submitting an application for the costs can vary. Making sure you have an LPA appointed is by far the cheapest, as it only costs £82 for each attorney’s registration fee. However, if you have to apply for a deputyship that can be more expensive, costing £371 for the application fee and £494 if you need a hearing at the CoP.
What is a Court of Protection hearing and why might you need it?
In cases where the CoP don’t believe you have provided enough evidence or believe that you may not be the right person to be a deputy for a mentally incapacitated individual, you may have to go to a hearing. They will assess why you want to become a deputy so that they can decide whether or not you have the best interests of the doner in mind.
How long does a Court of Protection order last?
This can last as long as the doner requires an attorney or deputy to make decisions on their behalf, which could be until the end of their life or until they have recovered enough to be independent. A CoP order can also be terminated if the attorney and/or deputy themselves dies, as well as in cases where they become bankrupt.
Why choose Moore Barlow?
Our clients trust us to handle their cases with the care and sensitivity it deserves, understanding their situation and providing a bespoke legal service unlike any other firm out there. You can guarantee that we will always be at the other end of the phone, ready to help you with whatever you need from us, during what may be a particularly difficult time in your life.