The Deputy will have to provide medical evidence to the court to prove that the person to whom the application relates has indeed lost their mental capacity. This is done by sending a standard COP form to the doctor of the person for completion. If the court agrees that the person lacks capacity, an order will be granted appointing the Deputy and this will also set out the authority given to them by the COP together with the limitations.

The court fee payable for the application at the time of writing is £120.00 and the payment must be made by the person seeking to be appointed as a Deputy from the funds of the person to whom the application relates. This fee is for the placement of the Deputy’s name on the Register and for the court to carry out a risk assessment. There will thereafter be supervision fees payable to the court annually. The court will decide what level of supervision is required and allocate the matter accordingly. You should also note that there may be a doctor’s fee to pay, together with the solicitor’s fee. The solicitor’s fee is fixed by the court and it is payable when the Court Order is made.

As a Deputy, you must carry out your duties and adhere to the principles set out in the Mental Capacity Act when making decisions and you must ensure that you act in the best interests of the person to whom the application relates. You are under an obligation to provide a yearly account to the court; therefore you must ensure that you keep accurate records of all your dealings in respect of the financial affairs of the person on whose behalf you are acting.

Please contact us here at Paul J Watson, Solicitor in Middlesbrough for Court of Protection applications. We will be able to answer any of your questions and assist you in the making of your application.

You can also visit the Court of Protection’s website at http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm and http://www.publicguardian.gov.uk/about/court-of-protection.htm for further guidance.