When do I need to Apply to the Court Of Protection?

If someone close to you has not made a Power of Attorney and is not mentally capable you will need to apply to the Court of Protection if you need to manage their financial affairs on their behalf. Throughout the rest of this fact sheet, the person who is not mentally capable will be called ‘the patient.’

How do I Apply to the Court of Protection?

There are forms to be filled in, which contain comprehensive details of the patient, including their personal background and all their financial information and it will also ask you for information about yourself. Their doctor will also need to complete a specific form of medical report.

How long does an Application to the Court Of Protection take?

This can vary considerably, but it is certainly not a quick process and if you do need to apply it is best to do so as soon as possible.

Who will I need to notify that I am making the application?

Depending on what the doctor says in his/her report, you will generally need to let the person whose finances you will be managing know what is happening through a formal letter that you hand to them, although it is appreciated that they may not understand it. You also need to notify anyone with a relationship equal to or closer to the patient than you and anyone else you feel should be notified. There are formal letters that you send to all these people.

How much will it cost me?

Applying to the Court of Protection is expensive, but the fees are ultimately taken from the patient’s money rather than your own. Due to the complex paperwork most people feel they need help from a solicitor, which the patient will need to pay for and there are also Court of Protection fees, a fee paid to the doctor for the medical report and a fee to be paid for what is known as a security
bond. Even in the simplest cases, the fees are usually well over £1,000 in total and in a lot of cases they will be more than that.

Why should I make an Application to The Court of Protection?

If you need to be able to access the patient’s money in order to maintain them and there is no Power of Attorney, then unless the money is all held in joint bank accounts you probably have no choice but to make the application.