Court of Protection Applications

The court of protection assists people who no longer have the capacity to make their own decisions. If someone loses mental capacity without a lasting power of attorney, you may apply to the court of protection to be appointed as a deputy.

A deputyship is appointed by the court and gives you authority to make decisions on behalf of the person who has lost capacity. A deputy can make decisions in relation to property and financial affairs and health and welfare and the decisions must always be made in the person’s best interests.

You can apply to become a deputy if you are over 18 and you are a loved one, or close to the person who has lost capacity. For example if you are a: spouse, child, close family member or a close friend. More than one person can apply to the court of protection and if this is the case, decisions must be made jointly. Fieldings Porter can assist with the process of applying to the Court of Protection for a deputyship.