CoP Fact Sheet 

This advice sheet gives you some general information about Court of Protection Matters.

If a person loses capacity and is unable to handle their financial affairs or make personal welfare decisions and there is not a Lasting Power of Attorney in place prior to losing capacity, it will be necessary for a Deputy to be appointed to manage their finances and make decisions on their behalf. Applications are made to the Court of Protection.     

The Court of Protection makes decisions on financial, and welfare matters for people who can’t make decisions at the time they need to be made. This can include the appointment of a Deputy.  

It is assumed and expected that any Deputy will have a connection to the incapacitated person, or they are a qualified professional (e.g. solicitor). They must be 18 years of age and of good character.   

It would be appropriate to see whether there is a family member who could manage the person’s affairs and make their decisions. This is particularly relevant if the assets are relatively limited.   

In more complex cases, particularly where there is a large amount of money, it would be more appropriate for a Professional Deputy (solicitor) to be appointed instead of a family member. 

A Professional Deputy will: 

  • Make decisions in the client’s best interests 
  • Report to court on a regular basis about actions which have been taken 
  • Decisions will always be in the client’s best interests 
  • Only make decisions which the court have provided them with authority to do so 

There may be a need to buy, sell, or adapt property. This has to be with the permission of the court.   

We have provided help and assistance with investments for a client and we have a number of relationships with financial institutions who can assist with these decisions.   

We also work closely with healthcare professionals including case managers and care teams.  We can advise how to access therapies including Occupational Therapy, Physiotherapy, Speech and Language, and Neuropsychology.   

We have provided assistance in health and welfare applications to the court. This can include what medical treatment should be provided to the client.   

If there is a need for a will to be prepared for the client, an application to the court would need to be made. This is known as a Statutory Will. We can advise clients on these applications.   

There may be occasions where there is a need to change Deputies, and we can help and assist with any application to the court. 

Fact Sheet

This advice sheet gives you some general information about Court of Protection Matters.

Meet The Team

Please call 01782 262424 for an appointment, alternatively email a member of our team.

Our Accreditations

Andrew Martin is a member of the Office of the Public Guardian‘s Panel Deputies. Panel Deputies support people who lack mental capacity by helping them to make decisions about their finances.