Further applications to the Court of Protection once you have been appointed as Deputy

This blog looks at one of the most important and often unexpected aspects of being a Deputy; knowing when your existing authority is not enough.

While Deputies are given wide powers to manage a person's property and financial affairs, there are certain decisions that are considered too significant to be made without Court approval.

Understanding when you need to apply to the Court can help you avoid delays, prevent disputes, and ensure that every decision you make is lawful and, in the person’s best interests.

Below are the most common situations where further authority is required along with practical guidance on how to prepare.

Statutory Wills

If the person you act for (P) lacks capacity to make a Will, the Court of Protection can authorise a Statutory Will. This may be necessary when:

• P has no existing Will
• Their current Will is outdated or no longer appropriate
• There is a risk of dispute if P dies without a clear updated Will
• A major change has occurred; for example, a beneficiary has died.

Preparing for an application

You will need to provide:

• A full picture of P’s financial circumstances
• Evidence of P’s past wishes, values, and relationships
• Details of family members and anyone who might expect to benefit
• A clear explanation of why the proposed Will is in P’s best interests

Selling or Transferring Property

Although Deputies can manage property, selling P’s home or transferring ownership often requires specific Court approval particularly if:

• The property is jointly owned
• The sale is to a family member
• The sale price is below market value
• The Deputy’s original order does not include authority to sell

Preparing for an application

The Court will expect:

• A recent valuation
• Evidence that the sale is in P’s best interests
• Details of P’s care needs and living arrangements

• Information about marketing, offers, or reasons for urgency

Gifting Applications

Deputies have very limited powers to make gifts. Anything beyond small, customary gifts, such as birthday or Christmas presents, usually requires Court approval.

You may need to apply if you wish to:

• Help a family member financially
• Transfer assets for estate planning purposes
• Make a substantial gift to reduce inheritance tax
• Make charitable donations outside P’s usual pattern

Preparing for an application

You will need to show:

• The purpose and size of the proposed gift
• That P will still have sufficient funds for their lifetime
• A full breakdown of P’s assets, income, and expenditure
• How the gift aligns with the past behaviour or known wishes of P

Resolving Family Disputes

Family disagreements can arise even with the best intentions; areas of conflict include:

• How P’s money should be spent
• Whether property should be sold
• Who should be involved in decision making
• Concerns about transparency or record keeping

If disputes escalate, the Court may need to:

• Give directions
• Clarify the Deputy’s powers
• Remove or replace a Deputy
• Appoint an independent panel Deputy

Preparing for an application

Good record keeping is essential; you should also:

• Document attempts to resolve the issue
• Provide evidence of best interest's decision making
• Seek early legal advice to prevent matters worsening

Emergency Applications

Some situations require urgent Court intervention, such as:

• Preventing financial abuse
• Immediate access to funds for care
• Stopping an unauthorised sale or transaction
• Urgent welfare decisions where no Health & Welfare Attorney exists

Preparing for an emergency application

Speed is key, so the Court will expect:

• Only essential evidence
• A clear explanation of the risk to P
• Justification for why the matter cannot wait

Additional applications to the Court of Protection are a normal part of being a Deputy. The important thing is recognising when your authority is limited and acting early to avoid problems later. With clear records, careful reasoning, and the right support, these applications can be managed smoothly and with confidence.

Need Court of Protection Advice

If you are unsure whether a particular decision requires Court approval, or if you need help preparing an application, the Court of Protection team at Chattertons are here to guide you. Please do not hesitate to contact us.

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