Court Of Protection Procedure

Hello, my name is Adrian Chambers and I deal with Court of Protection matters.

If you need to make an application to the Court of protection on behalf of a loved one then Seatons can help.

We can provide you with a fast, friendly and cost effective legal service.  Please call us for a free no obligation chat about matters on 01536 276300 or 01536 311690 or contact us online.

If you need to apply to the Court of Protection to act as someone’s deputy to make decisions on their behalf, you should be aware of the procedure which we have set out below.

Medical Evidence

To begin the procedure medical evidence should be obtained. The Court will not accept responsibility without medical evidence in the required form. The required evidence is submitted to the Court using the COP3.

A medical practitioner completes the COP3 – usually the individual’s GP or a psychiatrist. A psychologist could complete the forms if appropriate.

Forms

Once the medical evidence has been obtained, there are then other forms to complete. These provide details about the type of order being asked for, detailed about the person applying to be appointed as Deputy and details about the person who lacks capacity.

The application is then sent to the Court of Protection and they will make an order appointing the Deputy

Fees

There are fees involved in the process. The medical practitioner may charge a fee for completing the COP3. The Court charges an application fee of £400 and there is an appointment of Deputy fee of £125.

There is then an annual supervision fee from £0 to £800 but the usual amount is £175 per annum. The Deputy is required to take out a security bond to cover their role as a Deputy which is payable annually. The amount is set by the Court and depends on the number of assets the individual who lacks capacity has.

There are then legal fees to be paid. There is a lot of work involved in the application and we can set out our fees in a clear and concise way from the start.

The fees are paid by the assets of the person who lacks capacity.

Time Scales

Once the application has been sent to the Court, it usually takes 2 or 3 months for someone to be appointed as Deputy. There can be delays due to medical evidence.

Decisions

Ultimately it is the Court who decides whether someone has capacity. It could be that a solicitor has been instructed to create a Power of Attorney but has suspicions that the client does not have capacity and will seek advice from a medical professional. If the medical evidence states that person lacks capacity then the Court will find this most persuasive for the appointment of the Deputy.

Emergency Applications

If it is an emergency situation, these will be dealt with within 24 hours.

Latest Court Of Protection Video
Welcome To Seatons Solicitors – Corby & Kettering

Adrian Chambers - Seatons Solicitors

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.

Latest Court Of Protection Articles

Signing a Power of Attorney? Is a Loved One Really the Best Option?

The wisdom of entrusting your financial affairs to loved ones in the event of illness was thrown seriously into doubt by one High Court case in which a 95-year-old dementia sufferer was let down by a dishonest and stingy relative.
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Why Use Seatons?
  • Practical sensible help and information
  • Fixed, competitive and affordable prices
  • We care about you and fight for you
  • Regulated by the Solicitors Regulation Authority
  • We can help resolve your issue quickly & easily