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Court of Protection

How do I commence the process to become a Deputy?

The first stage of the process to become a Court appointed Deputy is to see if you need permission from the Court to make an application:

  • You do not usually need permission to apply to the Court if the application relates to Property & Financial Affairs;
  • You will usually need permission if the application relates to Health & Welfare.
What happens if the Court decides to hold a hearing?

If no one objects to the application, the Court can usually make a decision without the need for a hearing. However, if the Court does decide to hold a hearing then you will receive a Notice confirming the date, time and details of where this will take place. You must then inform the person to whom the application relates of the hearing, and that they may seek advice and assistance in relation to it. You must then complete and return a form to the Court which confirms that you have done this.

What happens after the Court makes an Order?

After the Court has made its decisions you will be sent Official Copies of the Order for you to check. If you notice any errors, return all copies to the Court for amendment.

Once the final Order, has been made, you must inform the person to whom the application relates of its content and effects and that they may seek advice and assistance in relation to the Order.

The Order will need to be registered with all the relevant financial organisations; for example: the DWP, banks and building societies, registration of companies in which the person holds shares, private pension and life assurance companies, HMRC etc.

How long will it take to process my application and can I make an urgent application?

The Court aim to make an Order, if there is no oral hearing, within 21 weeks of making the application, although, in practice, it can take much longer than this.

These types of cases usually relate to serious medical treatment or those seeking injunction relief – refer to Guide.

In terms of urgent application, you can apply to the Court using the emergency procedure for a decision within 24 hours if there is a clear risk that someone may suffer serious loss or harm.

 

Do you want find out more?

Make an enquiry online Contact the Peterborough office Contact the Stamford office Contact the Oakham office