If I can apply to the Court of Protection
The Court of Protection is a special section of the court established following the passing into law of the Mental Capacity Act 2005, which deals with applications relating to anyone who does not have the mental capacity to manage their own affairs. It works alongside the Office of the Public Guardian (OPG) which was set up to oversee the general management of the affairs of people lacking capacity.
The Court of Protection will look at applications for Deputyship by any of the following:
- A local authority or NHS Trust
- The official solicitor
- The Office of the Public Guardian
- A third party, family members and IMCAs (Independent Mental Capacity Advocacy)
- A litigation friend
It's not unusual for the court to appoint (or for applicants to seek) Professional Deputies (more often than not solicitors) to act on behalf of a person deemed to lack capacity. Indeed, our partner, Charlotte Dunn, is a member of the OPG Panel of Professional Deputies. This ensures that there is someone on your side who fully understands the legal procedures.
Even if you decide to apply to the Court of Protection on your own, the procedure involved in making an application can be confusing and is certainly time consuming, which is why you should seek legal advice from Access Legal before you begin.