When applying to the Court of Protection, there are several forms which must be filled out correctly before proceeding. It is highly recommended that you seek legal guidance when completing these forms. This is because they are complex, and any mistake could lead to a failed application. This, therefore will hopefully act as a guide of what to expect throughout the process, also allowing you to collect the information you need before contacting us, hopefully speeding up the process and giving you peace of mind.
Court of Protection Forms – Beginning the application
The first forms that must be filled out are COP1 and 1A or 1B (dependant on your, and your loved one’s circumstances). These forms give the Courts a basic overview of your and your loved one’s current circumstances. This includes information regarding:
- Names, addresses and DOB (If married and partner is deceased, their DOB and date of death will be required)
- Information regarding any Wills, Lasting, or Enduring Powers of Attorney
- Details of where Wills, Lasting, or Enduring Powers of Attorneys are kept
- National insurance number (Bank account details would also be useful)
- Your loved one’s incomes and benefits
- Any property they own or have interest in
- Estimation of annual care costs and other expenditure
- Any debts or money owed
- Details of any other interested parties (Family or friends)
This is by no means a comprehensive list of all the information that you may be required to provide prior to becoming a deputy. However, the information above will provide an excellent starting point for the application and any more information needed will be recovered at a later date.
The next form (COP4) is where you give information about yourself. This is very important, if the court does not think you have the relevant skills and experience to be appointed as a Property and Affairs Deputy, then you will not be able to be appointed and another application must be made. This form also includes a ‘Personal Statement to the Court’ which we will help to draft, this is your chance to tell the court why you want to be the deputy.
The first step you need to take is to call Seatons. We are experts in the Court of Protection and have the expertise you will need to be granted deputyship in the Court of Protection.
For the application to be accepted there must be sufficient evidence that the person whom the application relates to does not have the mental capacity to make decisions. In the courts eyes this is done by way of an assessment of capacity by a doctor who is trained to carry out this sort of thing. The form is called COP3 and we will send out the form to the relevant doctor, who will then complete and return to us before being sent off to the court.
Here at Seatons, we have excellent links with local GP’s and can quickly get the COP3 you need to proceed the application.
Court of Protection forms – What next?
Once the court has accepted the application, forms COP14 and COP5 must be given to the person about whom the application is concerning. An attempt must then be made to explain what is happening and why. We appreciate that this can be difficult, and they may not understand what they are being told; however, we can offer some wording suggestions which will help satisfy your duties.
Everyone who was listed as an ‘interested’ party in COP1, must be served with a copy of COP1 and the accompanying evidence as well as a blank COP5 form. Once all interested parties have been served of this notice, form COP20A and COP20B (confirming that the relevant parties have been notified) must be completed and sent to the Courts.
Once this has been done, the interested parties have 14 days to launch an appeal against becoming a deputy. Once the statutory waiting period has ended, the Court will issue the Deputyship Order.
We understand that this is a very complicated process and that you need the best lawyers on your side. This is where Seatons come in, we are experts in the Court of Protection and we have years of experience which we can rely on.
One Final thing
As a deputy, it is your responsibility to take out a security bond (insurance policy) against the Office of the Public Guardian. This can be done online and once completed you need to give us the policy number so that it can be registered with the Court. The fees for this are usually minimal. However, a quote can be obtained online easily.
Here at Seatons, we have a team of legal experts who are willing to guide you through every step of the process. We have a wealth of experience dealing with the Court of Protection and can give you, clear, practical and ‘jargon free’ advice on the best action to take. We understand that this can be a very difficult time for you and your loved ones so we aim to make the process as seamless and hassle free as possible. We also understand that time is limited and we will act quickly and professionally on your behalf. So, to get this process started, give us a call for a free no obligation chat with one of our advisors on 0800 3 10 11 12.
Court Of Protection
Hello, my name is Adrian Chambers and I deal with Court of Protection matters in our Corby office. If you need to make an application to the Court of protection on behalf of a loved one then I can help.
I can provide you with a fast, friendly and cost effective legal service.
All you need do is simply pick up the phone and give us a call on 01536 276300 or use our online enquiry form for a no obligation chat and we can take things from there.
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