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.
Below, we explain more about what our Court of Protection solicitors do.
Court of Protection deputy applications
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.
Resolving Court of Protection disputes
When someone loses mental capacity, it can produce all kinds of disputes between friends and family members. The Court of Protection is tasked with resolving these disputes. For example, the dispute could relate to –
- Disagreements over whether the person has actually lost mental capacity
- Objections to a particular person becoming an attorney
- Objections to a particular person becoming a deputy
- Concerns that an attorney or deputy is not acting in your loved one’s best interests, or is unable to fulfil their duties
- Disagreements over health and welfare decisions, such as where your loved one will live or what medical treatment should be provided
If you are involved in a Court of Protection dispute, we can represent you throughout. Our priority is to protect you and your vulnerable family member. We can use our legal expertise to help you achieve that.
Making a statutory Will
If someone loses mental capacity and he/she does not have a Will, or their Will is out of date, a deputy can make a Will on their behalf. This is called a statutory Will. It must be approved by the Court of Protection to be considered valid.
A deputy can also make gifts from the individual’s estate. However, if the gift is substantial, permission must be granted by the Court of Protection first. We can help you seek consent from the Court of Protection where needed.