Court of Protection application

Description

The context of an application to the Court of Protection is a person’s loss of mental or physical capacity to act for themselves when that person has made no other provision - in essence they do not have an L.P.A. (see our LPA product for more details of this).

If someone loses their capacity to make an L.P.A. before they actually do make an LPA, then by definition they do not have capacity, either, to give direction for their property, financial affairs, health and welfare. Therefore, in order to deal with that person’s property, financial affairs, health and welfare, the Court of Protection will have to be asked to appoint a Deputy to act for that person in those regards – which is what this product is for.

Until a Deputy has been appointed:

1. it is likely that healthcare professionals and social workers will exercise their statutory powers to make health and welfare decisions – which decisions might not accord with the wishes of the person themselves, or their loved-ones.

2. It is likely to be impossible to deal with that person’s property and financial affairs, at all.

A Court of protection application is complicated and takes a long time both to prepare, and for the Court to process – it really should be regarded as a “last resort” – the outcome of failing to have the ‘insurance-policy’ of an LPA in place.

The product is for taking instructions, and then submitting and progressing the application on paper – there is normally no hearing required. If there were ordered to be a hearing, the costs associated with that would be extra.

How long will it take?

We don’t generally do anything for new clients until our process of client retention has concluded – this involves agreeing the scope of what we are doing for the price (our terms are below), setting-up our client record (that includes ID checks), and producing the bill (payment in advance is required for all new clients).

A Court of protection application is complicated and takes a long time both to prepare, and for the Court to process after it is submitted. Because all Deputyship applications are important to those making them, there is no normal facility to have them processed as “immediate”; the Court of Protection generally take 6-9 months to process a normal application.

In the case of a genuine urgency – e.g. of the scale of life being threatened if a Deputy is not appointed straight away – an emergency application could be bought at considerable additional cost.

Money Matters

Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim

We charge £975 + VAT = £1,170 plus applicable COP fees

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.