If a relative or friend (the Patient) loses mental capacity due to illness or accident without an Enduring Power of Attorney or Lasting Power of Attorney in place, no one has authority to step in and assist with the Patient's affairs. In these circumstances a family member, friend or solicitor can apply to the Court of Protection for an Order to become the legal Deputy in order to act on the Patient's behalf.

The Court makes decisions with regard to:

• the property and affairs; and
• the healthcare and personal welfare

of the Patient. Thereafter the Deputy is responsible for carrying out the directions of the Court.

The first step in dealing with an application to Court is to complete a set of application forms and obtain a medical report from a suitably qualified medical practioner. We have considerable experience in dealing with the application process and can also assist the Deputy with the administrative duties required by the Court.

Please contact our Head of Estate Planning Jayne Parsons if you would like to discuss our Court of Protection services further.