A Court of Protection Order will be necessary if someone loses their mental faculties and yet access to their finances is required. The Court of Protection process is fairly drawn out and should be started as soon as possible into someone's mental incapacity so that the Order can be put in place as soon as possible.
The Court of Protection requires that various people are advised about the Court application, including a set list of relatives. All of these people will get the chance to object to the appointment of a person as Deputy if they feel that the Deputy is not an appropriate choice.
A doctor's report will be required in order to establish that a person has definitely lost their faculties. The doctor is likely to charge a fee for preparing such a report, and the fees tend to vary from one doctor to the next.
The Court requires an insurance bond to be taken out by the Deputy so that if they abscond with any money or assets then the person who has lost capacity can be reimbursed.
If you would like to discuss a potential matter or would like any further information then please contact one of our team using the details shown on this page.
For more information, please click here for our Court of Protection information sheet.