Application to the Court of Protection or the Office of the Public Guardian


Introduction

The Office the Public Guardian is responsible for supervising Deputies (including reporting and complaints) and administration of Lasting Powers of Attorney and Enduring powers of Attorney. The Court of Protections has power to make decisions about

  • Property and affairs and personal welfare of people without capacity
  • Whether a person has capacity to make decisions for themselves
  • Medical decisions for people who lack capacity
  • Lasting and Enduring Powers of Attorney including whether a Power is valid
  • The appointment of a Deputy to make decisions on behalf of people who lack capacity

In certain circumstances permission of the Court of Protection is required prior to an actual application. In general permission must be given prior to an application about personal welfare and in relation to gifts and wills of people incapable of dealing with their own affairs.

Applications

This is a simple overview and the actual forms are not discussed here in any detail.

If permission to apply is not required then an application is issued using standard forms that require careful completion. On receipt of the forms the Court ‘issues' the application and the application has to be served personally on the person about whom the application is made. Relatives of the person must also be notified. This has to be done within 21 days of the issue of the application. Certificates of service must be completed and sent to the Court within 7 days of the notification/service.

These timeframes and tight and must be strictly adhered to.

The Court

In the majority of applications – Deputyship applications are the most common that we come across – a date will then be fixed for the Court to make a decision without hearing the application. There will be cases where a hearing date will be necessary.

The Order

Once the decision has been made the Court will send out a copy of its Order to all parties.

If you require further information or would like to speak to a member of the team direct, please contact us using the details below:

phone 01376 321311

email Send an email

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