Making choices and protecting your future

In previous articles I have covered the importance of making Lasting Powers of Attorney appointing attornies to make decisions in relation to your financial affairs as well as your health and welfare should you become mentally incapable of doing so yourself, but what happens if you haven't done so?

The Court of Protection was created under the Mental Capacity Act 2005. It makes decisions, and also appoints other people (called Deputies) to make decisions, for people who lack the capacity to do this for themselves.  

No one has the automatic right to attend to your affairs and access your monies without the involvement of the Court of Protection.  This can prove very distressing for your loved ones at an emotional time and the process can take several months.

The potential Deputy may require permission to apply to the Court dependant on the circumstances and the nature of the application.

In order for the Court to decide whether it is necessary for someone to be appointed as a Deputy, the Court considers the suitability of the person making the application.  The Court will require full details of the assets and liabilities, family circumstances and a medical report completed by a medical practitioner.   When the application is issued the potential Deputy is required (within specified time frame) to serve notice on the person to whom the application relates, together with members of the family and anyone considered to have an interest in that person.  These individuals have an opportunity to join the application or raise an objection to the Court.    The Court can send a visitor to meet the person and also interview the Deputy at regular intervals.  The Deputy can only make decisions authorised by the order of the Court and therefore this can be restrictive. 

There are a number of fees paid including an application fee of £400 to start Court proceedings and a fee of £500 when the Court has held a hearing to decide the application and has made the final order, declaration or decision.   There are also annual supervision fees that can be as much as £800 per annum.

Some people who are on low income or in receipt of benefits may be exempt from all or part of a fee. However, in general terms the Court of Protection’s involvement is more costly and complex than making a Lasting Power of Attorney.

You can make sure that your loved ones do not have the stress and cost of the Court of Protection procedure by making a Lasting Power of Attorney now.