The Court of Protection
If you are caring for a vulnerable family member, contact us for advice.
Our solicitors deal with all Court of Protection matters. If you are caring for a vulnerable family member, contact us for advice. We use our legal expertise to safeguard your loved one, removing the burden from your shoulders.
What is the Court of Protection?
The Court of Protection manages the property, financial affairs and personal welfare of people who lack mental capacity. Someone might lack mental capacity due to learning difficulties, dementia, Alzheimer’s or a brain injury.
If your loved one loses mental capacity, you will likely encounter the Court of Protection at some point. For example, the Court of Protection might need to –
- Ascertain whether mental capacity has been lost
- Appoint a deputy
- Remove a deputy
- Resolve a dispute
- Approve a statutory Will or gift
Court of Protection solicitors
Whatever your dealings with the Court of Protection, you are entitled to seek legal advice throughout. Having a solicitor on your side is a huge help. That way, you can hand all the hard work over, giving you peace of mind that your family is receiving the support it needs.
Acting as professional Deputy
A professional Deputy is usually a Solicitor or other professional who is appointed by the Court to make complex financial and welfare decisions in the best interests of their client and this makes a neutral gap between family members and the person to whom needs the assistance and ultimately takes the pressure off the family members. We do have experienced solicitors who will consider acting as a professional deputy.
COURT OF PROTECTION DEPUTY APPLICATIONS
The Court can make a decision about a persons affairs but in some circumstances they will choose not to do so and will appoint a deputy to do so instead. The Court can appoint a deputy to deal with the property and financial affairs or the health and welfare of a person who lacks capacity. This is often necessary where a person has lost capacity and hasn’t got a power of attorney in place.
If a Lasting Power of Attorney is in place, the Court of Protection may not be needed. That is because an attorney has already been officially appointed. This person can then manage the donor’s property, finances and welfare, as set out in the terms of the LPA.
However, without a Lasting Power of Attorney, no one has the authority to manage another person’s affairs. So, if your loved one loses mental capacity, you will need to apply to the Court of Protection to become a deputy.
Deputyship applications are long and complex. We can guide you through the process, working to ensure your application is successful. This will give you the power needed to make decisions on loved one’s behalf.
Help for Court of Protection deputies
If you are a deputy, you will soon discover that it involves a significant amount of work. Every case is different. Typically, you must manage investments, complete tax returns, and submit an annual report for the Office of the Public Guardian (OPG). In this, you have to explain what decisions you have made on your loved one’s behalf in the past year, and why. These can be extremely time-consuming to prepare.
At Harrisons Solicitors, we can lighten the load, taking on some of your deputy duties. This includes preparing your annual OPG report, advising on financial planning, and managing disputes. Remember, you do not have to struggle alone – we are here to help you.