Court of Protection
The Court of Protection, established under the Mental Capacity Act 2005, deals with issues in relation to people who cannot make decisions for themselves because they lack mental capacity. They may be elderly or vulnerable, have a head injury, a congenital condition, dementia or mental illness.
We are consulted by family members, carers and friends of those who may lack capacity, as well as other professionals, all of whom require guidance on this expanding and complex area of law.
Royds provides clear, practical and sensitive advice on applications relating to the Court’s variety of powers, including powers to:
- decide whether a person is mentally capable of making a certain decision
- determine the validity of Enduring Powers and Lasting Powers of Attorney
- appoint deputies to make decisions for those who lack capacity (deputies were formerly known as receivers)
- remove deputies and attorneys from their position if they fail to comply with their duties
- make orders relating to specific welfare or financial issues
- appoint new trustees in place of a person who lacks capacity
- give permission for attorneys or deputies to make a statutory will for the person who lacks capacity or to make gifts out of their estate for tax planning purposes
Deputies
As a deputy you may be an individual, professional or a local authority. Royds will advise you on your rights and duties throughout the period you act, including insurance, preparation of deputy’s accounts, supervision by the Office of the Public Guardian and the proper management of financial affairs.
Royds can provide professional deputies to act on behalf of, or together with, the family members of a person who lacks mental capacity.
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We also advise with respect to the settlement of personal injury and medical negligence claims.
For further information, please contact Tony Millson and Deanna Hurst.
