Court of Protection

Wills, Trusts, Tax & Probate services

If someone is mentally incapable of making a particular decision at a particular time, and they haven’t made a lasting power of attorney, and the decision isn’t one that can be made on an informal basis, the matter can be referred to the Court of Protection.

The court may either choose to make the decision itself on the person’s behalf, or choose someone else, known as a ‘deputy’, to make the decision for them. Where the court appoints a deputy to manage someone’s property and financial affairs on an ongoing basis, the deputy usually has to keep accounts, enter into a security bond, and report to the Office of the Public Guardian.

The Court of Protection charges a one-off application fee, and the Office of the Public Guardian charges a yearly fee to cover the cost of supervising the deputy’s work.

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