What is the Court of Protection and when would the Court appoint a Deputy?
  • 19th Aug 2019
  • Article written by Elyse Palmer
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The Court of Protection is a specialist Court that looks after individuals who do not have mental capacity to make decisions for themselves. The Court has the power to appoint a Deputy to make ongoing decisions about someone’s property and finances when they are unable to do so on their own; a Deputy is only needed when someone has not made a Lasting Power of Attorney before losing capacity.

 

What is the difference between a Lasting Power of Attorney and a Deputyship?

 

A Lasting Power of Attorney is a document created before someone loses mental capacity which allows them to choose who they want to make decisions on their behalf should they no longer be able to do so. A Deputy is appointed by the Court of Protection after someone has lost capacity (where there is no Lasting Power of Attorney). A Lasting Power of Attorney allows you to have more control over who is appointed and the powers they have; they are also cheaper and easier to obtain than a Deputy order.