Court of Protection & Professional Deputy Services

Court of Protection matters often arise at a difficult and emotional time. Wiseman Wingate provides clear, practical advice for families, carers, attorneys, deputies and professionals who need help with deputyship applications, specific Court applications or professional deputy appointments. To speak to Rebecca Wingate and our Court of Protection team in confidence, call 01428 687717 or complete our online contact form.

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales responsible for making decisions on behalf of individuals who lack the mental capacity to make specific decisions for themselves.

The Court operates under the Mental Capacity Act 2005 and has jurisdiction over matters concerning:

• Property and financial affairs;
• Health and welfare decisions;
• Disputes regarding capacity;
• Best interests decisions; and
• The appointment and supervision of Deputies.

Where an individual lacks capacity and ongoing decisions need to be made, the Court may appoint a Deputy to act on their behalf. A Deputy is required to make decisions in accordance with the Mental Capacity Act 2005 and always in the individual's best interests.

Our Court of Protection Services

In addition to Rebecca acting as a professional deputy, we can also support applications to appoint other trusted persons as Deputy to individuals who lack the mental capacity to make specific decisions for themselves.

We provide expert advice and representation in all aspects of Court of Protection work, assisting families, carers, professionals, local authorities and vulnerable individuals with a wide range of applications.

Property and Financial Affairs Applications

Property and Financial Affairs applications are required where an individual lacks the mental capacity to manage their own finances and assets.

We can assist with applications relating to:

Appointment of a Property and Financial Affairs Deputy

Where ongoing management of financial matters is required, we can prepare and submit an application to the Court for the appointment of a Deputy. Once appointed, the Deputy will have authority to manage the individual's financial affairs in accordance with the powers granted by the Court.

Management of Finances and Assets

We advise on matters involving:

• Bank and building society accounts;
• Pensions and benefits;
• Investments and savings;
• Payment of care fees and living expenses;
• Financial planning and budgeting; and
• Protection of assets.

Property Transactions

Applications may be required where property needs to be sold, purchased, transferred or otherwise dealt with on behalf of a person who lacks capacity. This commonly arises when a property sale is necessary to fund care costs or when alternative accommodation arrangements are required.

Statutory Wills

Where an individual lacks the capacity to make or amend a Will, the Court can authorise a Statutory Will. These applications require detailed evidence and careful consideration of the individual's likely wishes, family circumstances and financial position.

Gifting Applications

Deputies have limited authority to make gifts. Where substantial gifts or inheritance tax planning arrangements are proposed, approval from the Court may be required.

Health and Welfare Applications

Health and Welfare applications concern decisions relating to an individual's personal welfare, care arrangements and medical treatment.

Unlike financial matters, the Court will usually determine a specific issue rather than appoint a Deputy, although Health and Welfare Deputies can be appointed in exceptional cases.

We can assist with applications relating to:

Care and Residence

Determining where an individual should live and the level of care and support required to meet their needs.

Medical Treatment Decisions

Applications involving significant medical treatment, serious healthcare decisions or disputes regarding treatment options.

Best Interests Decisions

Where family members, professionals or care providers are unable to agree on an important decision, the Court may be asked to determine what is in the individual's best interests.

Contact and Relationships

Applications concerning contact with family members, friends or others where there are concerns regarding welfare, safeguarding or undue influence.

Capacity Disputes

Cases where there is disagreement regarding whether an individual has capacity to make a particular decision.

Specific Court Applications and Additional Authorities

We also advise existing Deputies, Attorneys and family members where specific authority is required from the Court for a particular decision.

These applications may include:

• Approval of substantial gifts;
• Statutory Wills;
• Property purchases and sales;
• Litigation matters;
• Financial planning arrangements;
• Other decisions outside the scope of an existing Deputyship Order.

Professional Deputy Services

As a Court of Protection Deputy Panel member, Rebecca Wingate is available to act as a Professional Deputy where appointed by the Court.

Professional Deputies are commonly appointed where:

• There is no suitable family member or friend willing or able to act;
• Family dynamics make an independent appointment preferable;
• There are substantial assets requiring professional management;
• The individual's affairs are particularly complex;
• There are safeguarding concerns;
• Ongoing litigation or personal injury awards require management; or
• The Court considers that an independent professional appointment is in the individual's best interests.

As Professional Deputy, Rebecca works closely with family members, care providers, local authorities, financial advisers and other professionals to ensure that decisions are made transparently, effectively and always in the protected person's best interests.

Step-by-Step Guide to Court of Protection Applications

1. 1

   Identify the decision that needs to be made

   Start by working out what decision is required, such as managing finances, selling a property, approving a gift, making a statutory will or deciding where someone should live.

2. 2

   Consider whether the person has capacity

   Capacity depends on the decision in question. Medical evidence may be needed to show whether the person can make that decision for themselves.

3. 3

   Check for an existing Attorney or Deputy

   Before applying, check whether there is already a Lasting Power of Attorney, Enduring Power of Attorney or Deputyship Order in place.

4. 4

   Decide who should make the application

   A family member, friend, professional, local authority or solicitor may apply. Rebecca Wingate can act as a Professional Deputy where appointed by the Court.

5. 5

   Prepare the application and evidence

   Applications usually require Court forms, capacity evidence, financial or care information, witness statements and details of the decision needed.

6. 6

   Submit the application to the Court

   The completed application is sent to the Court of Protection with the Court fee and supporting evidence.

7. 7

   Respond to questions or objections

   The Court may ask for more information, or other parties may raise concerns. We can help prepare responses and represent you at hearings.

8. 8

   Receive the Court Order

   If approved, the Court will issue an Order confirming what the Deputy or applicant is authorised to do.

9. 9

   Act within the authority granted

   Deputies and others authorised by the Court must act within the terms of the Order and in the person's best interests.

10. 10

    Keep records and seek further authority when needed

    Deputies may need to keep records, report to the Office of the Public Guardian and seek further approval for decisions outside their authority.

How We Can Help

Our experienced Court of Protection team provides clear, practical and sensitive advice to individuals, families, carers and professionals navigating capacity-related issues.

Whether you require assistance with a Deputyship application, Health and Welfare proceedings, a specific Court application or the appointment of a Professional Deputy, we are here to guide you through every stage of the process.

Frequently Asked Questions