“We continue to be impressed with the services offered by Follett Stock and are most grateful to you personally for your understanding and care when it comes to dealing empathetically with our somewhat complicated situation”
The Court of Protection is a specialist court which deals with issues involving people who lack capacity to make certain decisions. The Court can make decisions itself or appoint a Deputy to make decisions on behalf of a person lacking capacity.
A Deputy will need to be appointed if a person loses capacity but has not appointed an attorney (for example under a Lasting Power of Attorney). The Deputy will be able to look after the affairs of the person who has lost capacity. When a Deputy has been appointed the Court of Protection will oversee how the Deputy deals with that person's assets, including any property. The duties of a Deputy can be onerous. The Deputy must act in the best interests of the person who has lost capacity at all times. The Deputy must report back to the Court of Protection at least once a year as to decisions they have made on behalf of the person who has lost capacity and provide details of any financial transactions that they have carried out.
Follett Stock can assist with making the application to become a Deputy and our managing partner, Chris Lingard, is an experienced professional Deputy. This means that, if a family member does not feel confident in taking on the role of Deputy, Chris can apply and will then be responsible for managing the affairs of the person who has lost capacity.
An application to the Court must also be made if you wish to make a Will on behalf of someone who lacks capacity – known as a statutory Will – or to object to the registration of a Lasting Power of Attorney.
If you have an enquiry related to Court of Protection why not call us and speak to one of our experts.