Court of protection
If somebody loses mental capacity and had failed to create a Lasting Power of Attorney, this may mean no other alternative but to apply for approval from the Court of Protection. The reason being the person who had lost capacity is now deemed unfit to state who they wish to be their attorney s they are not in a fit and proper state of mind.
The Court of Protection helps people who are mentally incapable of making their own decisions. It does this by making decisions for them about their money, property, health or welfare.
The Court can also give these powers to someone else if there is a need for decisions to be made on an ongoing basis because the person can no longer make their own decisions. If the Court gives these powers to someone else, they will be known as a Deputy.
If someone you care about loses the ability to make their own decisions you can apply to the Court of Protection for permission to make decisions for them. To apply, there are some forms that will need to be filled in and a doctor’s certificate will be required to confirm to the Court that the person cannot make decisions for themselves.
It is very important that those forms are filled in properly or they will be sent back. It can take a long time to complete the forms and it is important that you know exactly what powers you will need to apply for. For example, you might only need the power to help your friend or relative to manage their money, or to make decisions about what treatment they receive in hospital. Or you might need a much more general power to help them with all their financial and other decisions.
We can help you to work out which forms you will need and we can complete them for you to make sure that they can be processed by the Court of Protection without delay.