A person who does not have legal capacity to manage their affairs has them administered by The Court of Protection.
Capacity can be lost because of an accident such as a brain injury or as a result of a progressive condition such as dementia.
The Court of Protection can deal with the personal welfare and financial affairs of those who lack the capacity. The Court is in London but most cases are dealt with by District Judges and senior Judges in regional ‘Hubs’.
THE COURT OF PROTECTION CAN:
- Decide if someone has capacity to make a decision. You can have capacity to make a particular decision but not other decisions.
- Appoint deputies to make ongoing decisions for people who lack capacity.
- Make emergency orders where a decision must be made on behalf of someone very quickly, such as medical treatment.
We are able to assist clients with these matters.
Sometimes relatives of the party lacking capacity want a family member to be a lay deputy and we can assist with these applications.
Often relatives prefer the appointment of a professional deputy and we are able to make this application to the court and be appointed as a professional deputy. The latter is particularly important for brain injured clients we represent in litigation. We are able to deal with the Court of Protection and the litigation matters.
