Where a person does not have the mental capacity to look after their affairs of a financial and/or health and welfare nature, and they do not have a valid power of attorney in place, it is possible that a family member, friend or professional can apply to the Court of Protection to be appointed as their deputy.
Applications of this kind can take anywhere from 6 to 12 months to be processed and issued by the Court.
In addition to appointment applications, Court appointed deputies, proposed deputies and others can apply to the Court for the following:
- Permission to buy or sell property on behalf of an individual;
- Authority to make a gift on behalf of an individual;
- Seek the Court’s authority for a one off welfare decision, such as authorising a medical procedure that the individual cannot consent to and;
- Prepare and execute a will on behalf of an individual, such a will is known as a Statutory Will.
Due to the current measures put in place by for the government in dealing with Covid 19, the Court of Protection currently have a backlog in dealing with applications from both lay and professional deputies.
Unfortunately this is causing significant delay to a high number of proposed deputies, appointed deputies and applicants in trying to manage the affairs of an individual, who requires assistance with such matters.
Families are finding the current delays very difficult and some delays are having a severe impact on the individual’s mental wellbeing, finances and care package.