Page 21 - Hunstanton Town & Around - February 2014

Tel: 01485 533422 email: editor@townandaround.net Hunstanton Town & Around February 2014 21
Court of Protection

By Christina Attridge CommiƩĞd
Q: The Court of Protection - What is
it?
A: The Court of Protection is a toyou!
specific part of the judicial system
which authorises decision making for Solicitors
those who are incapable of doing so ,ĂLJĞƐ + Storr SolicitoƌƐ arĞ & Notaries
for themselves, usually due to a lack an ĞƐƚĂďůŝƐŚĞĚ and ƌĞůŝĂďůĞ
of mental capacity, but since October Įrm of ƐŽůŝĐŝƚŽƌƐ and notariĞƐ
2007, it can include those with severe locally, is that matters are generally in Norfolk.
drug or alcohol problems. considered in London.
If the person concerned (known to After several weeks the Court Ɛ ǁĞ opĞƌĂƚĞ in NortŚ and
the Court as “P”) has not made an issues the formal notification of the tĞƐƚ Norfolk our ŽǀĞƌŚĞĂĚƐ arĞ
effective Power of Attorney (see our application which has to be served on ůŽǁĞƌ ƚŚĂŶ City ĮƌŵƐ͕ ƐŽ ƚŚĂƚ
previous article) and lacks the P and on other named interested wŚŝůƐƚ ǁĞ ĂƌĞ aďůĞ to providĞ
capacity to do so, then the Court of parties. These may be relatives, but ƚŚĞ ŚiŐŚ ůĞǀĞl of ƐĞƌǀŝĐĞ and
Protection is able to do so on their include carers or others who might be ĞdžpĞƌƟƐĞ you ĞdžpĞĐƚ͕ ǁĞ can
behalf and make orders in respect of considered as having an interest in P’s
both financial and personal matters. affairs. This is to give those notified do ƐŽ at ǀĞƌLJ compĞƟƟǀĞ ƌĂƚĞƐ.
Q: What is the process? the opportunity to object to the Please contact:
A: A medical certificate is obtained proceedings or to provide information
(using the Court’s specific form which they think might be helpful. Hunstanton - 01485 524166
COP3) which details P’s medical A hearing date will be set when the King’s Lynn - 01553 778900
condition, diagnosis and prognosis, as District Judge will make an order, Fakenham - 01328 863231
well as other relevant information. usually appointing the named person Sheringham - 01263 825959
This is so that the Court can confirm as Deputy and specifying the Holt - 01263 712835
it has jurisdiction. The doctor authority which they are being given Wells - 01328 710210
providing the certificate will charge a to decision make on P’s behalf.
fee, I have seen anything from £25 to Generally the order will not take effect
£350. until a fidelity insurance bond is in ůĂǁΛŚĂLJĞƐͲƐtorr.com | ǁǁǁ͘ŚĂLJĞƐĂŶdƐƚŽƌƌ͘ĐŽ͘ƵŬ
A form COP1A is completed place, the annual premium being paid decision making, and providing a set a backup. As you can see the Court
containing factual information about out of P’s assets. This is to provide P of accounts showing what funds have of Protection can be longwinded and
P, ranging from their family with financial protection should the been received on P’s behalf and how expensive, so not really suitable if
circumstances to their financial Deputy misappropriate P’s funds. they have been spent. there are few assets and if things are
position and setting out who the Court Most applications do not require an If the Deputy wants to do needed to be done quickly (although
might wish to appoint to act on behalf appearance in Court unless there is something for P which is outside the there are emergency procedures).
of P (known as P’s Deputy). anything controversial to be authority of the Court Order and in Having said that, it can protect the
There is also a formal application considered. respect of which P does not have the vulnerable from abusive family or
(form COP1) detailing the type of Q: Is this costly? capacity to decision make for himself, carers and can sometimes benefit P’s
Court order required. The most A: The whole process from it is always open to the Deputy to estate by someone being appointed to
common applications are in respect of application to appointment can take at make further applications to the Court manage their assets and claim benefits
financial matters for a Deputy to be least twenty weeks. It is also quite an for an order to do what might be which have otherwise gone
appointed, that is someone to act on expensive exercise, easily costing required. The application will need to unclaimed.
P’s behalf to collect their income, £2,000 when taking into account the be accompanied by a further £400 fee, Q: Is it better to have a Power of
pensions, benefits etc and possibly Doctor’s certificate fee, Court fee and relevant medical evidence and Attorney in place?
deal with their capital assets and to sell legal fees for the application. information about what is required A: Yes – please see our previous
property, as well as paying bills, care Applications other than and why. It is likely to be relevant in article and speak to Hayes + Storr.
fees etc. Other financial applications straightforward Deputyship situations where gifts might be
can involve wishing to make gifts or appointments, can be more expensive considered (particularly for tax “This article aims to supply general
information, but it is not intended to
Wills on behalf of P or dealing with and take even longer. planning) or a will is needed to be constitute advice. Every effort is made
jointly held real property where a sale Q: How does it function? made or updated. There is never any to ensure that the law referred to is
is anticipated. Less common are A: Once appointed, if dealing with P’s guarantee the Court will make the correct at the date of publication and to
applications to deal with personal finances, the Deputy is expected to order requested. avoid any statement which may mislead.
welfare issues such as being able to open a specific bank account in the The philosophy behind the Mental However no duty of care is assumed to
any person and no liability is accepted
make decisions about where someone names of themselves and P through Capacity Act 2005 is to enable for any omission or inaccuracy. Always
lives or what treatment they can which all transactions should go. A individuals to decision make for seek our specific advice.”
receive. report is made to the Court on an themselves wherever possible using If you require advice on this matter
All these forms go off to the Court annual basis detailing anything of appropriate aids where necessary. It please contact Christina at our
Hunstanton office on 01485 524166. If
in London, with an application fee of significance which the Deputy has is only when they are unable to do so you require advice on any other legal
£400. It might be that the case will be had to do on P’s behalf in the last year, and there is no alternative mechanism matter please contact us by telephone
passed on to a more local district court how P has been involved in any in place (such as a power of attorney) 01485 524166 or by email
for hearing, but my experience, that the Court of Protection is there as law.hunstanton@hayes-storr.com