If a loved one has not appointed a Lasting Power of Attorney (LPA) and can no longer make decisions for themselves, families may have to apply to the Court of Protection (COP) to appoint a deputy.
Choosing to make decisions on your loved one’s behalf is never easy, we are here to help you manage the care of your loved one as you see fit.
The COP is a specialist court in England and Wales that makes decisions on the financial and personal welfare matters of people who lack the mental capacity to do so themselves.
The COP can serve both adults and children who cannot make decisions for themselves.
They have the power to make decisions about:
The Court has the power to make these decisions based on the Mental Capacity Act 2005. They will always act within the best interests of the person with diminished mental capacity when they make their decisions.
Diminished mental capacity is legally and medically assessed on a case-by-case basis. It refers to an individual’s inability to understand, retain or weigh information to make informed decisions.
Individuals with diminished capacity may show cognitive signs of decline such as short-term memory loss, disorientation, language issues and impaired comprehension.
This could be coupled with judgement issues such as financial mismanagement, poor problem-solving abilities and a lack of mental flexibility.
One of the most common signs of diminished mental capacity is the behavioural changes of a loved one.
They may show signs of poor hygiene and self-care, emotional inappropriateness, a loss of initiative or large personality shifts.
It is important to look out for these signs in loved ones and get support from a medical professional if there are any ongoing concerns about a person’s mental capacity.
Before an application is submitted to the Court, a qualified medical professional must formally assess your loved one’s mental capacity using the COP3 form to confirm that they lack the mental capacity to make decisions for themselves.
Once the Court has accepted the COP3, you must submit other forms. These are:
A COP1A form is only used for property and financial applications. It is a detailed breakdown of the person’s assets or income.
These applications are submitted to the GOV.UK COP, along with the application fee, which is currently £494. However, exceptions or reductions can be given based on financial circumstances.
When the Court has issued the application, documents must be formally served to the loved one and their close family members. This ensures that everybody affected is aware of the application and has an opportunity to raise concerns or objections.
Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading or offensive environment.
For more complex issues, such as medical treatment, the court may arrange a hearing.
If the Court approves the deputy, it will issue a final order stating the exact powers that are granted.
If you are appointed as a financial affairs deputy, you may be required to take out an insurance policy that protects your loved one’s finances before the order is finalised.
Managing a loved one with diminished mental capacity can be emotionally tolling for those involved.
We are dedicated to helping families manage the legal complexities of managing the affairs of a loved one who does not have the capacity to do so themselves.
Our talented solicitors can assist with deputy applications, dispute resolution and compliance with the relevant boards.
Get in touch today for tailored support with the Court of Protection.
