Frequently Asked Questions 

The Court of Protection makes decisions for people who are unable to manage their own finances, affairs, health and welfare. The Court also appoints other people, as Deputies or through a Lasting Power of Attorney, to make these decisions.

There are a number of forms that need to be completed and sent to the Court. The forms that you need to complete vary depending on exactly what you are applying for. We can help you identify the correct forms, complete them and send them to the Court.

Yes, in certain circumstances, such as when someone may suffer substantial financial loss or physical or mental harm. The process for making urgent applications differs to the normal process, so please contact us for help and advice.

The Court of Protection has a Charter that outlines its standards of service. Download the charter

A Deputy could be a family member or a friend, but could also be a solicitor, especially in complex cases or cases where there is no suitable Deputy.

As a Deputy, you are appointed to make decisions for somebody else. You must only make decisions that are in that person’s best interests and are allowed by the Court. You must take great care when making decisions.

The Court will decide what decisions you can make. You can apply to the Court for the power to make additional decisions if necessary.

You must not make a decision if you believe the person can make that decision themselves. You cannot make a Will on behalf of the person, make large gifts of their money or hold money or property for them.

If you are unsure of what decisions you are able to make, please contact us for advice.

Yes, you should keep records of major decisions such as changes to care or living arrangements. You should record how decisions were reached and also keep any paperwork relating to the decisions you make.

If the person the order relates to is still unable to make their own decisions, you will need to make a new application to the Court of Protection if you want to continue with your duties. You can also apply to nominate somebody else to the role as long as they agree to take on these duties. It is advisable to make a new application to the Court of Protection before your current Deputyship Order expires so that you can continue to act for that person.

You could contact the Citizens Advice Bureau or your local social services. Charities such as Action on Elder Abuse may also be able to help. We also have experience of helping people in this situation, so contact us for advice.

You can apply to the Court of Protection to make what is known as a Statutory Will. Find out more about Statutory Wills

The benefits agency can take your compensation award into account, so depending on the amount you receive and the benefits that you are on, you may lose some of your benefits. This can be avoided by placing your compensation into a Personal Injury Trust.

When you receive your compensation, your solicitors can create the Trust by drawing up a legal document called a Trust Deed. At least two people must be nominated in the Deed to be Trustees (the people in charge of the Trust). Trustees must be 18 or over.

The Trustees must set up a Trust account at a bank or building society. The money awarded to you as compensation must be held in this account, separate from your personal finances.

The Trust account should be set up in the names of the Trustees with a title identifying who the Trust is for (e.g. The Joe Bloggs Trust).

All Trustees will need to sign all cheques and authorise all transactions. The Trustees have the legal power to manage your Trust and must exercise these powers for your benefit.

Yes, although there must be at least one other Trustee. All decisions made by Trustees must be unanimous, so if you have two other Trustees you could be outvoted.

You and your partner can have £6,000 between you outside the Trust and still claim benefits.

Any income generated in the Trust should be kept within the Trust account.

The money in the Trust must not be used to pay for ordinary living expenses such as food, household fuel bills, ordinary clothing or ordinary footwear. Money held within your Trust should be used to pay for luxury or extraordinary items, such as specialist equipment.

You can ask the Trustees for a cheque from the Trust. If you cannot pay for the item with a cheque, you can pay out of your own money and then ask the Trustees to pay you back from the Trust.

No. Money spent from the Trust will not be taken into account, providing it has been spent in line with the Trust rules.

Any further money that you receive as compensation for a personal injury can be put into the Trust, but no other money should be put in.

You will be assessed for income tax on any income (including interest) generated in the Trust. You may also be liable for Capital Gains Tax (depending on where your Trust money is invested).

Capital Gains Tax does not apply to money held in a bank or building society account, but would be assessed for investments such as shares.

You will need to produce a copy of the Trust Deed to your tax office and they will be able to write to you directly about any tax you have to pay.

No, Trust money is not taken into account.

Any money left in the Trust will be part of your estate and dealt with under the terms of your Will. If you do not have a Will, it will be dealt with under the rules of Intestacy.

You can make a Lasting Power of Attorney at any time providing you have the mental capacity to do so. If you are worried about what will happen to your affairs should you lose the ability to manage them, a Lasting Power of Attorney allows you to set out your wishes now, for a time when you may not be able to communicate them in the future

You should choose someone you trust to make decisions on your behalf should you lose the ability to make decisions yourself. It is common to choose family or friends but you could also choose a solicitor.

Yes, there are Property and Affairs Lasting Powers of Attorney and Health and Welfare Lasting Powers of Attorney. You can have one or both of these and it is possible to appoint different attorneys for each.

Attorneys can make gifts of your money and property but their power is limited. The Court can authorise attorneys to make additional gifts in certain circumstances.

Yes, you can choose more than one Attorney. You can specify whether Attorneys must work together or can work independently.

There are a number of forms that need to be completed and sent to the Office of the Public Guardian where the application will be checked. An Attorney cannot use the Lasting Power of Attorney until it has been registered with the Office of the Public Guardian.

Your family or friends may need to apply to the Court of Protection to appoint a Deputy to look after your affairs.

You can choose who is told, so you may want to notify family members or close friends. These people can raise concerns about your Lasting Power of Attorney if they wish to do so.

Only if she has the mental capacity needed to take out the Power of Attorney. If she does not, you may need to apply to the Court for a Deputyship instead.

A Statutory Will is a will made on behalf of someone who is unable to make their own Will due to loss of the mental capacity needed to do so.

Statutory Wills can be made by Deputies, Attorneys or someone likely to become entitled to the estate of someone who is unable to make their own Will.

You need to complete a number of application forms and make a statement supporting the terms of the Will. The application is sent to the Court of Protection who will decide whether the Will is appropriate. Making a Statutory Will is complex and you should obtain legal advice.

Only if there are serious disagreements between beneficiaries and/or the people making the Will.

Yes, if you are a Deputy or have power of attorney, it may be possible to amend an existing Will. We would advise you to talk to us for advice if you would like to amend an existing will.