Situations often crop up where an emergency application to the Court of Protection is needed to get an urgent court order giving you authority to make a specific and urgent decision. Examples might be when someone’s life or welfare is at risk and it is crucial that a decision is made without delay. If the court agrees, and grants an emergency order, you will be able to make the necessary decision on behalf of the person who lacks mental capacity.
You will not get a court order unless the court agrees that it is a serious enough matter and also that the decision has to be made within a tight time limit.
Applying for an urgent or emergency interim order.
It is possible to make an urgent application when you are in the process of applying to become the other person’s deputy. Perhaps your deputyship has not been approved yet. But you do need to make an urgent and specific decision on the other person’s behalf. Hence the urgency of the application.
The emergency application must be for a specific decision that needs to be made without delay. Perhaps the care home is thretening eviction unless their fees are paid and you need Court permission to access the person’s bank account to pay them.
You have to complete an application. Then send the original and one copy to the court along with two copies of any relevant evidence. Evidence might be, for example, accounts, bills from a care home, or a letter from a doctor. If you have yet to apply to become the persons deputy, you should include your interim application with your main application.
There is not a court fee for an interim application.
Emergency application to the Court of Protection.
You can make an emergency application if you need a court order for a decision in a very serious situation. Examples might be eg to prevent the person who lacks mental capacity from being moved from where they live. Or perhaps to give them treatment for a serious medical problem.
If you need professional help in making an emergency application to the Court of Protection, we can help, and we don’t insist on doing the whole job (so we can help but cost less!)
Emergency applications to the Court of Protection.