If your application is not an emergency, the process can take up to six months from the time it is submitted until the deputyship is granted. It is also crucial to remember that preparing and submitting an application can take several months, especially if you must wait for a practitioner to complete a mental capability evaluation. In certain instances, you may be required to submit an urgent or emergency application. This type of application can only be made when an individual is in imminent danger. For instance, if the individual was in a critical condition and unable to consent to necessary treatment while hospitalised. A matter might likewise be regarded urgent if the individual stood to lose a substantial amount of money unless someone could intervene. In such instances, the Court of Protection will render a judgement as quickly as feasible.
In this article, how long does court of protection take, we take a look at these issues in more depth.
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What factors can affect how long it takes the court of protection to appoint a deputy?
It relies on a variety of circumstances, including:
- If permission is necessary
- How long it takes to notify all parties of your application, and whether the court requires additional information before rendering a ruling.
- Whether there is opposition to the application.
What is the Court of Protection?
In accordance with the Mental Capacity Act, the Court of Protection oversees decisions and proceedings. If someone needs the Court’s authorization to make decisions about your health, welfare, finances, or property, you or someone aiding you must file a petition.
The court can make decisions about:
- Whether an action to be performed on your behalf is appropriate when you lack the capacity to take it yourself — the court can evaluate whether they feel you have the mental capacity to make a specific decision or whether something is in your best interests.
- Disputes that cannot be resolved by other means, such as by employing an independent advocate for mental competence.
- Situations where multiple decisions must be made on your behalf, as opposed to a single decision.
- Disputes over the authorization for the deprivation of liberty safeguards or their application.
- Removing an attorney or deputy appointed under a lasting power of attorney.
- In the absence of an attorney or deputy, your healthcare or personal care.
- Whether an advance decision or Lasting Power of Attorney is legal, and whether its meaning is contested.
- Whether a deprivation of liberty safeguards permission was issued lawfully or settling a dispute regarding the use of safeguards against you.
The Court must always act in your best interests when making judgments for you.
Court of Protection Deputy Orders
The Court of Protection may issue two different sorts of Deputy Orders:
- Property and Financial Affairs Deputyship Orders: These orders authorise someone to manage or take charge of an incapacitated person’s financial affairs, ranging from simple tasks like paying the vulnerable person’s bills and managing their pension to more complex tasks like buying, selling, and adapting properties; investing large sums of money; and regularly reviewing the health of portfolios and arranging care packages.
- Personal Welfare Deputyship Orders: These orders authorise a person to make significant health and welfare decisions, such as discussing treatment with doctors and determining whether to continue life-sustaining care, as well as deciding where the incapacitated person should live.
Financial and property concerns are handled differently by the Court of Protection than health and welfare issues. If a person lacks the mental capacity to manage his or her own finances, the court will typically grant applications to appoint a Deputy to make choices that the incapacitated person is unable to make.
However, the Court of Protection is far more circumspect when choosing a Personal Welfare Deputy. When a person lacks the capacity to make their own welfare decisions and there is a dispute between family, friends, and public entities such as the Local Authorities or NHS Trust over what is best for them, the Court of Protection will typically issue a one-time Order addressing the particular issues at hand.
Permitting a single individual to make decisions on a particular issue is a significant directive with far-reaching consequences. In lieu of designating a Deputy to make decisions, the law prefers that the Court of Protection renders individual rulings in particular circumstances. In the majority of property matters, a series of ongoing decisions will be made.
Does the Deputy have complete control over the person’s affairs?
No, the authority of the deputy is limited by the provisions of the court order. In addition, they must comply with the Mental Capacity Act of 2005 and the related Code of Practice.
Are Deputies supervised?
Deputies are required to make an annual report to the Office of the Public Guardian (OPG) describing the choices they have made and the funds they have spent. The deputy is permitted to delegate the preparation of the annual report to a solicitor or accountant.
How long is the order of the deputy in effect?
The period of the deputyship will be stipulated by court order. If the subject regains capacity, the Court of Protection must be petitioned to discharge the deputy. Upon the decedent’s passing, the deputyship is automatically terminated.
What if I disagree with the Court’s decision?
You might be able to appeal a judgement from the Court of Protection to the Court of Appeal, but you might need authorization to do so. If you wish to contest a judgement, you should consult with a lawyer who specialises in the Court of Protection.
Who may petition the court of protection?
Anyone is eligible to apply.
You may file a petition if you have a question that the Court has the authority to decide. If you are the subject of the court’s ruling and you are at least 18 years old, you do not need permission to do this. If you are under the age of 18, your legal guardian would apply on your behalf, and they may do so without your consent.
Your solicitor, deputy, or anyone appointed under a court order relevant to the matter could also apply without your permission. Additionally, family members, hospital trusts, Clinical Commissioning Groups, and local authorities may apply, but only with Court approval.
You should still be included if someone brings a legal action on your behalf to the Court of Protection due to your incapacity. You will be compelled to consult a lawyer, but if you cannot afford one, the court may appoint one on your behalf.
How we can help
We have a proven track-record of helping clients with court of protection orders. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Private Client Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.
To speak to a member of our new enquiries team today, simply call us on 0345 901 0445 or click here to make a free enquiry . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
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