Applying to the court of protection

[BSB30]

My daughter is 19 and currently sectioned under the Mental Health Act. She suffers with a learning disability and possible Autism (being assessed). Her current mental state has rendered her mute and she cannot make informed decisions about her care. As she is now an adult, I am limited to the decisions I can make for her and/or having any access to medical records.

I have never been involved with applying to the court of protection but is this something I can do to be able to make decisions on her behalf about all aspects, such as finances and health? Does it have to be about just one issue the court needs to decide or can they order broadly for all decisions?

I considered Lasting Power of Attorney but I wouldn't consider her to have capacity to consent to that at this time.

Any advice is appreciated.

There should be a social worker attached to the ward; ask to speak to the ward manager to get in touch.

Ho OP I am sorry your daughter is so unwell. The equivalent of LPA for ppl who lack the capacity to donate a LPA is deputyship. As with LPAs there are 2 types - Property & Affairs (finances) and Health & Welfare.
Lots to consider, including:

1. Are you Nearest Relative (Mental Health Act 1983 dictates which person is NR, it's not the same as" next of kin" which has no legal meaning)
2. NR has statutory role as a consultee regarding the patient's detention in hospital so if you are NR you will be consulted to some degree
3. Deputy for H&W - cannot override detention under MHA.
4. The Court of Protection (COP) regards appointment of a HW deputy as an exception to the norm so you would need to provide evidence of a need for a deputy.
5. PA deputyship is only worthwhile if the protected party (P) has assets. DWP appointeeship is often sufficient for a person whose sole income is benefits. Where P needs a tenancy signed they may need a deputy but I've also known the Court to make one off orders authorising a person to enter into/deal with a tenancy as a lower key way of addressing P's needs.
6. I recommend that you look at the gov.uk website and/or Google " HMCTS court of protection forms and look at the COP1, COP1A, COP1B, COP3, COP4, COP44
7. You would need a Dr or social worker to complete a capacity assessment on form COP3 for any application evidencing that P lacks the mental capacity to make decisions about their finances/care & support and health and welfare on order to proceed but you can make the applications yourself (without a solicitor) if you have the time/confidence
8. COP is currently taking about a year to make final orders so you'd be in for a long wait.