The Court of Protection is a judicial body that exists in the UK to safeguard the interests of someone that cannot make their own decisions for themselves. This might be because of a personal injury, illness, or other condition that leaves them unsound of mind.

But what does the Court of Protection do? In this guide, we’ll explain its role, its involvement in personal injury cases and how it works to protect vulnerable individuals across the country.

What does the Court of Protection do?

The main role of the Court of Protection is to appoint decision makers for those who cannot manage their own affairs, or take the place of these trustees if necessary and make the decisions itself.

The court was established as a result of the Mental Capacity Act 2005, a piece of legislation that aims to protect the rights and wellbeing of vulnerable people. Under these rules, the Court of Protection is responsible for:

The appointment of deputies

It’s the responsibility of the court to appoint deputies that will make decisions on behalf of the individual that is lacking in mental capacity. Once appointed, it’s up to the deputies to manage the affairs of the person of interest — this includes managing finances, health and welfare.

The oversight of personal injury trusts

It’s down to the court to supervise the establishment and management of personal injury trusts. These protect the individual that lacks mental capacity’s benefits if a large compensation case is successful.

The protection of rights

The Court of Protection is responsible for ensuring the decisions being made by deputies, trustees and caregivers are adhering to the Mental Capacity Act 2005.

The authorisation of certain decisions

In some situations, it might be down to the court to authorise decisions that involve major financial transactions, property sale or medical treatments. However, such instances should be few and far-between.

When does the Court of Protection get involved in personal injury cases?

If an accident involving a personal injury has left the victim in a mental state that means they lack their previous capacity, the Court of Protection will step in and assist with the appointment of deputies and beyond. 

Common instances where this might be the case are for individuals with serious brain injuries, where cognitive abilities have been hindered, or severe spinal injuries, where loss of mobility or independence could require the help of a deputy.

If someone you love has been injured or fallen ill because of an accident that wasn’t their fault, the court will ensure their financial and welfare needs will be met responsibly and securely. And if you’re looking to fight their case for them, get in touch with Express Solicitors.

The role of a court-appointed deputy

Once the Court of Protection has appointed a deputy for the individual who lacks mental capacity, the deputy will act as a trusted decision maker for them. If you have been appointed as a deputy, you’ll have to:

  • Manage finances — You’ll oversee the income, expenses and assets of your protected person.
  • Safeguard assets — You’ll now have to protect funds by ensuring they are invested wisely and used for appropriate purposes, such as medical care, daily living expenses or adaptations to the home.
  • Make welfare decisions — You’ll now have to make decisions regarding the person lacking capacity’s healthcare, living arrangements and other personal welfare matters.
  • Keep records — You’ll now have to keep detailed records of all decisions and transactions and submit annual reports to the Office of the Public Guardian for review.

Why compensation might be placed in a Personal Injury Trust

Personal injury trusts are arrangements that make sure compensation won from a successful personal injury claim will not affect your means-tested benefits. That means, even if you are awarded a substantial amount, it won’t affect your Universal Credit, if you claim this each month.

The person receiving the compensation should appoint trustees to handle this trust, who’ll ensure that compensation serves its intended purpose — to support the injured individual’s long-term needs.

How to apply for a deputyship

If you’re unfortunate enough to have a loved one that requires a trusted deputy to handle their affairs after an accident, you can apply for a deputyship by following these steps:

  1. Determining your eligibility

You must be over the age of 18 to be a deputy and have a vested interest in the person’s well-being and financial security.

  1. Completing an application

You must submit the following forms to apply:

  • Form COP1 — The application form for deputyship.
  • Form COP3 — The assessment of capacity, completed by a medical professional.
  • Form COP4 — Your declaration as proposed deputy outlining your suitability.

  1. Paying application fees

You must pay an initial application fee of around £365 and an additional £100 if a hearing is required later on.

  1. Waiting for approval

It can take several months for an application to be approved or denied. During this time, the Court of Protection will be assessing all potential deputies and making sure all the information required is provided.

  1. Getting a deputy order

Once your application has been approved, the court will issue you a deputy order that outlines the scope of your new authority.

How can Express Solicitors help you?

If someone you love has been affected by a personal injury, before applying for deputyship, you should get in touch with Express Solicitors to see if we can help you and your loved one receive compensation for their accident. With our compassionate, no-pressure support, you can feel confident that your loved one’s needs will be met responsibly and effectively. ‘Call us on 0161 904 4661’ or Start your claim online.