Court of Protection
If you lack mental capacity under the Mental Capacity Act 2005, someone has to be legally appointed to act on your behalf. If you have not already made provision i.e. set up a Lasting Power of Attorney then an application will need to be made to The Court of Protection, the specialist court for all issues relating to people who lack capacity. The court can make decisions and appoint people, called deputies, to make decisions about your property and financial affairs or your healthcare and personal welfare.
Property and Financial Affairs.
The powers of a deputy can include:-
- Managing any cash accounts and investments
- Dealing with any income (such as private or occupational pensions: income from investment properties)
- Entering into, or terminating, tenancy agreements
- Obtaining a grant to an estate to which the person may be entitled (when there is no one able or willing to be appointed)
- Selling or letting a house or land.
Excluded from these powers: A deputy may not deal with any jointly owned property or land without first applying to become a trustee of the property in question. Additional application forms together with appropriate fees will need to be completed and submitted to the Court of Protection.
Note: If the person who lacks capacity has no savings and the only income is social security benefits. It will not usually be necessary to appoint a deputy. The Department of Works and Pensions can appoint someone called an ‘appointee’ to receive benefits on their behalf.
- A cheque for £365.00 will need to be submitted with the application form.
- If the Court decides your cases needs a formal hearing then an additional fee of £485.00 becomes payable.
- There is also an annual fee payable £320.00 for general supervision or £35.00 for minimal supervision – this applies to some property and affairs deputies managing less than £21,000. This is only likely to apply if no property is involved.
- There is a £100.00 assessment fee payable if you are a new deputy.
The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.