Court of Protection
You will need the Court of Protection if a family member or a partner loses mental capacity or becomes very disabled – and if he or she does not already have a Lasting Power of Attorney in place.
Once mental capacity is lost, it is not possible to enter into a Lasting Power of Attorney. So, in those circumstances, the only way you can take control over financial affairs is to apply to the Office of the Public Guardian to be made a “Deputy”.
A Deputy is empowered by the Court to make decisions for, and run the financial affairs of, the incapacitated person.
Becoming a Deputy is a significantly complex business. What’s more, the Court will oversee the actions of the Deputy, requiring annual audit and reports and also requiring major decisions, such as a house sale, to be sanctioned by it.
Help and guidance is generally required for this process – and our specialist team will provide as much of that help and guidance as you wish. In particular:
- We can prepare and submit the application on your behalf;
- If you are to be appointed Deputy we can give you as much assistance, in fulfilling your duties as you like;
- If nobody is able or willing to be the Deputy, one of our team can be appointed – in which case we will be responsible to the Court for discharging the duties of Deputy – although we will always work in close consultation with our Client.
Court of Protection work is a highly specialist area – but you will also find us sensitive, kind and very reasonably priced.
You are welcome to a session of free advice and guidance, and information about costs – just contact us.