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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.

What will we do for you?

  1. First, we’ll listen.
  2. Then we’ll ask questions.
  3. Then we’ll advise.
  4. And then we’ll do what you ask us...
    quickly, simply and at the cost we’ve agreed.

Contact us by phone or email whenever you are ready.

 

Emma Warner was very kind and explained my will thoroughly as I had not done one before.

Case Ref. M3011/4

Luke Taylor - Always pleasant and helpful.

Case Ref. M36/4

Luke Taylor - A very friendly manner and makes everything easy to understand.

Case Ref. C2696/3

My thanks to Emma Warner for a fast efficient service. I am more than happy to recommend you to my friends .

Case Ref. G2340/1

Luke and his team always provided excellent service, they were friendly and approachable and met all our needs.

Case Ref. L1771/2

Luke was particularly helpful and managed us all through a somewhat complex process really well.

Case Ref. L1763/1

Luke - prompt and efficient.

Case Ref. S3677/1

Our Wills, Trusts and Probate team

Luke Taylor

Solicitor

Head of Wills, Trusts and Probate

Luke Taylor

Direct Dial:01252 550 428

Email Luke Taylor

Luke qualified as a Solicitor in 2000 and has been a Partner since 2013.

He is head of the Wills, Trusts and Probate Department and is STEP qualified.

Luke has a particular interest in acting for the elderly as advisor or attorney, administering their financial affairs and tax planning, and in setting up and administering Trusts for the disabled.

Emma Warner

Wills, Trusts and Probate Executive

Emma Warner

Direct Dial:01252 550436

Email Emma Warner

Emma has been a Private Client Executive since 2012, specialising in Wills, Probate and Court of Protection matters. She works closely with Luke Taylor.