A smiling carer chats with an elderly lady

Court of Protection – dealing with delay

The main benefit to having a Lasting Power of Attorney (“LPA”)  is that there is no delay if it needs to be used as long as it is registered.

If a deputy application needs to be submitted it can take months.  The Court needs to be confident that the right person is being appointed and safeguards are therefore put in place to make sure key people are notified. The Court also needs a full audit of all the persons assets to make sure they are properly protected.

If someone needs to move into a care home, a house needs to be sold or a carer is required, this can create problems.  It is often the case that steps need to be taken before the Court has made the appropriate appointment leaving the family or social services in a difficult position.  They need to act but have no authority to do anything.  They may have no access to money to take those steps.

The Court process can be frustrating and time consuming.  If you need advise on fast tracking an application please ask.