We have specialists who can assist you if you need to make an application to the Court of Protection, or if you are a Court of Protection appointed Deputy looking after a vulnerable person. We offer an efficient, cost-effective and compassionate service.
Court of Protection
The role of the Court of Protection is to make decisions on behalf of people who do not have the capacity to make decisions themselves. The Court can also appoint people to look after the finances of the person who has lost capacity and can make decisions about health care for them.
If you are looking after a disabled person or someone who lacks mental capacity, we can help you with the following:
If your relative or friend has lost mental capacity but does not have a power of attorney, you can apply to the Court of Protection for a Deputyship Order to give you the authority to manage that person’s finances as their Deputy.
We can assist you with the documents needed for a Deputyship application and ensure that you apply for any specific powers that you will need in the circumstances. We also advise you on the Court’s rules and requirements throughout the process so that the application can be processed by the Court as swiftly as possible.
We can also advise you about acting as a Deputy once the Order has been issued, and assist you with any further applications that may need to be made to the Court about your relative or friend.
If there is no one who is able to act as Deputy, then we are able to act as a Professional Deputy in appropriate circumstances.
Jointly owned property
If a property owned by two or more people needs to be sold, and one of the owners has lost mental capacity without having a power of attorney in place, he or she will not be able to sign any of the legally binding documents needed for the sale. An application to the Court of Protection can be made for an Order to appoint someone to take the place of the owner who has lost capacity so that the sale can proceed.
The ability to make gifts on behalf someone who lacks mental capacity are limited, both for a Deputy and an Attorney, and the definition of what counts as a gift goes beyond simply the giving of funds to someone else. A gift can include any transaction where the person lacking capacity has benefited someone else to their own detriment - for example, paying someone else’s school fees, giving someone an interest-free loan or allowing someone to live rent-free in a property belonging to the incapable person.
There may be situations where an Attorney or Deputy wishes to make a gift from the person lacking capacity which is beyond the level of gifts they have power to give. This requires an application for authority from the Court of Protection to make the gift on the person’s behalf.
An individual who does not have mental capacity cannot make a valid Will themselves. However, an application can be made to the Court of Protection who have powers to make a legally effective Will for them, known as a Statutory Will.
Often, these types of application to the Court of Protection are uncontroversial, but we can also advise you if there are any disagreements or disputes that arise during the Court proceedings.
If you would like to speak to someone at TWM Solicitors about Court of Protection applications, please contact a member of our Private Client Team.
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“I have been extremely satisfied with the quality of your service. Everything has been explained and you have kept me informed at each stage. Your method of guiding me through the paperwork made it all very easy for me.”
Ms A, Private Client. December 2019