Court of Protection
We as experienced professionals have the ability and authority to carry out a capacity check
We have years of experience dealing with elderly and vulnerable people
We at M2M Community Solicitors LLP specialise in applications to the Court of Protection we have years of experience dealing with elderly and vulnerable people in the community and understand the difficulties faced by relatives or friends that need the support and understanding to deal with the process.
We as experienced professionals have the ability and authority to carry out a capacity check to see whether a person has capacity to deal with their affairs or lacks capacity and will rely on others for assistance.
When a person has lost mental capacity and does not have a Lasting Power of Attorney or Enduring Power of Attorney in place to deal with matters, an application to the Court of Protection for a Court Order to appoint a deputy may be necessary. It should be noted that a General Power of Attorney, as some of our clients’ have thought, does not continue to work after the person who has given the power has lost mental capacity.
The deputy can be anyone but is usually a relative, close friend or a professional deputy.
There are two types of Applications:-
1. Personal Welfare Application
This can be a problematic application and permission of the Court is often required. The welfare application is usually for a specific purpose for example an operation rather than just generally. The application is rarely granted as the Court believes that the health professionals should listen to the next of kin.
The general rule is the Deputy is unable to claim back costs from the person who lacks mental capacity.
It is sensible for anyone considering this application to obtain advice prior to making the application.
2. Property and Financial Affairs
This application is more straight forward and permission from the Court is not required. This enables a person known as a deputy to deal with the financial affairs of the person who has lost mental capacity.
We have experienced many cases where based on a person’s financial circumstance, a Court of Protection application is not needed as there are many practical steps which can be taken to save the initial expense of making this application and the ongoing associated fees.
We at M2M Community Solicitors LLP will assess each case to see whether an application is actually necessary or whether you can take alternative steps to save money.
The process of a Court of Protection application can take a long time, for a straightforward case we estimate approximately 6 months, and can be very expensive especially if it is challenged.
There is a particular procedure which needs to be followed and we at M2M can assist and guide you through the necessary procedures, taking the stress and pressure away from you.
A Deputy can only act under a Court Order from the Court of Protection. This order sets out the Deputy’s powers and entitles the Deputy to act on behalf of the person lacking capacity.
We have the expertise and knowledge to assist with the completion of an application to the Court of Protection, advising of the duties imposed on the deputy and if the application is challenged to assist in relation to the challenge.
Please feel free to telephone our office on 020 8938 4611 to book an appointment
Frequently Asked Questions
Why choose M2M Community Solicitors LLP to help you?
We believe that you should choose M2M to assist you as all staff at M2M are or have been Carers and have first-hand experience and understanding of the difficulties of being a Carer. We have years of experience working with local organisations who assist elderly and vulnerable people. We are friendly, approachable and professional and strive to make our clients feel at ease within our office environment.
We as experienced professionals have the ability and authority to carry out a capacity check to see whether the person who lacks capacity actually does lack capacity. We have had a case where clients have been told that someone lacks capacity by another solicitor firm a year prior and upon approaching us for a Court of Protection case based on our capacity assessment, the client did just have capacity.
A Court of Protection application was therefore unnecessary and a cheaper Lasting Power of Attorney application could be made instead. This was much better for the client. There are many factors that can influence a decision on capacity, such as medication and all these factors need to be considered, which is why M2M can be relied upon to carry out a thorough professional assessment.
We will give you written ‘to do’ lists so that you can refer to the list whilst collating the information we need to progress your matter.
We only charge for the work that we carry out. We are not interested in inflated fixed fees so all our clients know where they are with costs at all times. We will advise you on ways to save money and highlight any welfare benefits which can be claimed to increase the income for the person who lacks capacity.
We explain everything in simple, everyday language so that all our clients understand and if you do not understand we will find alternative ways to explain matters to try to help you to understand.
What do I need to bring to a meeting?
We will need you to bring photographic identification such as a valid driving licence or passport, a utility bill with your name and address dated within 3 months of the meeting and proof of your income for example a payslip or bank statement showing income being paid into your account.
You will need to be aware of the financial position of the person who has lost capacity has and therefore any paperwork regarding their income, investments, assets and debts will save time in gathering the information at a later point. If you are aware of their GP details or any consultant’s details then that would also be very useful.
How long does it take from the first meeting to obtaining Deputyship?
The time frame we provide is generally 6 months but this is dependent on how quickly information and documents are provided to us and then how quickly the Court of Protection are able to deal with applications. In addition, if anyone contests the application, this will also take longer for the matter to be dealt with.
How much does it cost with M2M Community Solicitors LLP?
We charge for the amount of time we take in dealing with the matter. Our normal hourly charge for these types of matters is £150 per hour plus VAT which is £180 per hour inclusive of VAT. We charge in units of 6 minutes and only charge for the amount of work that we carry out. We estimate that a straight forward case takes approximately 10 hours and therefore the bill will be approximately £1,800 inclusive of VAT. If however, someone contests the application then it will cost more than this as further work will be needed.
In addition to our costs, a form called a COP3 will need to be completed by a relevant qualified doctor who will usually charge for that service.
Should the person who has lost capacity attend the meeting?
The decision is yours to make. If a doctor has not told you that the person has lost capacity but you suspect that they have, then you are welcome to bring them to our office and we can make an assessment. There is always a chance that they do still have capacity and in that case, we can discuss the cheaper alternative, a Lasting Power of Attorney. If a doctor has already confirmed that the person has lost capacity then, they do not need to attend and we can just complete the relevant forms together.