Court of Protection Solicitors in Portsmouth, Chichester and Alton

When a person no longer has the capacity to make decisions themselves and there is no Lasting Power of Attorney (LPA) in place, the Court of Protection can help JC Solicitors supports families across Chichester, Portsmouth and Alton with Court of Protection applications, including deputyship orders and related decisions.

The Court of Protection (COP) is a specialist court created under the Mental Capacity Act 2005 to make decisions on behalf of those who are unable to make a decision themselves and thus, lack capacity. These decisions relate to the property and affairs, and healthcare and personal welfare of those who lack capacity.

Sometimes things happen, for example a stroke causing paralysis or a debilitating illness, such as dementia and a Lasting Power of Attorney cannot be created as that person no longer has the capacity to do so. This is where The Court of Protection can help.

An additional role of the Court of Protection is its ability to appoint another person, a Deputy, to act on behalf of those who lack capacity. A Deputy manages the affairs of someone who has lost capacity where they have not planned ahead by making a Lasting Power of Attorney (or an Enduring Power of Attorney before 1/10/07), There are two types of Deputy, one for Property and Affairs and one for Health and Welfare.

We offer a free initial telephone consultation with no obligation, so you can understand the options available and the likely steps and costs from the outset.

Call our Alton office on 01420 544 273, Portsmouth office on 02392 174 049 or our Chichester office on 01243 850 860 to arrange your free initial consultation.

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When do you need the Court of Protection?

The Court of Protection is usually needed when someone has lost mental capacity and important decisions must be made, but they have not put legal authority in place in advance.

Common situations include:

A stroke causing paralysis or a sudden loss of capacity
A progressive illness such as dementia
A serious accident or brain injury
Any circumstance where an LPA cannot be created because the person no longer has capacity to sign one

What is the Court of Protection?

The Court of Protection (COP) is a specialist court created under the Mental Capacity Act 2005. It makes decisions on behalf of people who are unable to make specific decisions themselves.

These decisions can relate to:

Property and financial affairs
Healthcare and personal welfare

The Court can also provide legal authority for someone else to act on the person’s behalf.

Deputyship Applications (Property and Affairs / Health and Welfare)

An additional role of the Court of Protection is its ability to appoint another person, known as a Deputy, to act on behalf of someone who lacks capacity.

A Deputy manages the affairs of someone who has lost capacity where they have not planned ahead by making a Lasting Power of Attorney (or an Enduring Power of Attorney made before 1 October 2007).

There are two types of Deputy:

Property and Affairs Deputyship

A Property and Affairs Deputy can help manage practical and financial matters such as:

Paying bills and managing bank accounts
Managing care fees
Dealing with benefits and pensions
Managing or selling property (where needed)

If you are also thinking about longer-term planning, you may find this helpful: Estate Planning:

Health and Welfare Deputyship

A Health and Welfare Deputy may be appointed to make decisions about:

Medical treatment
Care arrangements
Where the person lives

Do you need the Court’s permission to apply?

The initial stage of the application is to understand whether permission is needed from the Court in order to make the application.

Generally, permission will not usually be needed when the application relates to property and affairs. However, permission will need to be obtained where the application relates to personal welfare.

JC Solicitors can help you make the correct application depending on the circumstances of your case.

Who decides if someone lacks capacity?

The law says everyone should be regarded as able to make their own decisions until it is shown that they cannot. Whether you are able to make a particular decision will be established when that decision needs to be made, as mental capacity is ‘decision-specific’.

Ultimately, it is the Court who decides, but it cannot be assumed you lack capacity due to of:

How old you are
How you look
How you behave

And it is important to note it cannot be assumed that you are unable to make the decision yourself due to disability

How JC Solicitors can help

You might want to:

Ask the court to make a decision about someone’s property and financial affairs or their health and welfare
Apply to be made a Deputy for someone who lacks capacity
Make a Will on behalf of someone who lacks capacity
Object to the registration of a Lasting Power of Attorney

The initial stage of the application is to understand whether permission is needed from the Court in order to make the application. Generally, permission will not usually be needed when the application relates to property and affairs. However, permission will need to be obtained where the application relates to personal welfare.

JC Solicitors will be able to assist you in making the correct application depending on the circumstances of your case.

How Long Does a Deputyship Application Take?

Timescales can vary depending on the Court’s workload and the complexity of the application. As a general guide, deputyship applications often take several months from submission to appointment.

We can talk you through likely timescales during your free initial consultation and help you understand what can be done in the meantime if urgent decisions are needed.

How much will legal assistance with Court of Protection cost?

If you’re looking to discuss Court of Protection issues, please do not hesitate to contact us. We offer a free initial telephone consultation with no obligation. During this initial meeting, we will get to know you whilst familiarising ourselves with your case. From there, we are able to signpost, discuss the services we can provide for you and the steps involved and discuss fees so that you have a clear understanding of what your costs will likely be from the outset. Our standard fee is £1204 + VAT, plus a court application fee of £371.

Please note, our free initial telephone appointment is a consultation service where we signpost our services for you. If advice is required, this will be chargeable at the rates discussed in your initial consultation.

Click here to arrange your free initial consultation or call our Alton office on 01420 544 273 or our Chichester office on 01243 850 860.