Court of Protection

BBS are able to assist on a number of Court of Protection matters, including:

  • Court of Protection Applications
  • Professional Deputyship Services
  • Court of Protection Disputes

Court of Protection Applications

One of the most common applications made to the Court of Protection is where a person applies to become a deputy of a person who lacks the mental capacity to make their own decisions.

There are two types of deputy:

  1. Property and Financial Affairs Deputy; and
  2. Personal Welfare Deputy

A Property and Financial Affairs deputy manages a person’s financial affairs. Day to day activities might include paying a person’s bills or organising their pension. Deputies may also be involved in the sale and purchase of property, managing investments and operating bank accounts.

Personal Welfare deputies make decisions about medical treatment and how someone is looked after.
The applications for the different types of deputy can prove onerous. BBS can assist you with your application to the Court of Protection.

Professional Deputyship Services

Where appropriate, we can be appointed to act as a professional deputy for people who lack the mental capacity to manage their own affairs.
We often act as a professional deputy for a person’s property and financial affairs, managing their day to day finances but also their long-term financial affairs.

Court of Protection Disputes

Disputes arise in all walk of life, and can certainly arise where a person’s affairs are being managed by another. As such the Court of Protection may be asked to intervene to settle the dispute at hand.

Common disputes that the Court of Protection are involved in include:

  • Whether a person has mental capacity to make a certain decision for themselves
  • Best Interests disputes
  • Disputes particularly relating to an individual’s health and welfare
  • Objections to the registration of a Lasting Power of Attorney
  • Disputes about the appointment of a deputy
  • Challenges to statutory will or gift applications

If you are involved in a Court of Protection dispute, speak to us.