The Court of Protection is a specialist Court and is the ultimate decision maker in relation to those lacking capacity to make legal decisions themselves.
Court of Protection Solicitors
With over 20 specialist lawyers (more than 10 in London alone) with experience in dealing with Deputyship legal issues and the Court of Protection generally,, you be assured we can help. Our experience includes deputyship applications, contesting applications and we can also act in the capacity of professional deputies.
We also advise on issues and applications before the Court of Protection, such as:
- applications to remove attorneys for breach of duty in a Lasting Power of Attorney
- disputes relating to alleged breaches of duty by deputies appointed by a Court of Protection Order
- best interests decisions, e.g. whether an individual who has lost capacity should have medical treatment, or where they should live.
- Statutory Will Applications.
- Personal injury trusts
- Disputes in the Court of Protection
Court of Protection - what does it do?
The Court of Protection is a specialist court. The role of the court is to protect vulnerable individuals.It's role and powers include :-
- ruling on whether or not a person has mental capacity to make decisions about their welfare or finances.
- where the court finds an individual does not have mental capacity and no Lasting Power of Attorney is in place, the Court will determine who should be appointed to manage the individual's legal affairs in the capacity of Deputy.
- decisions about medical treatment.
- dealing with applications to remove deputies.
- statutory wills - see below.
- applications for an “Interim Order”- seeking permission for certain acts to be done whilst the Court of Protection is considering the main application. We can assist with these applications. .We can also act as a Deputy if there is no one willing or able to act.
- monitoring deputies - a Deputy will have to keep accounts and receipts and submit yearly reports to the Office of the Public Guardian. We can assist with the preparation of these reports.
- monitoring the management of personal injury trusts - for incapacitated individuals where a long term fund and plan is in place for care.
If you need experienced legal advice on any issue which may involve applying to or dealing with the Court of Protection, please get in touch.
Statutory Wills
If someone does not have mental capacity to prepare a Will, it is possible to make an application to the Court of Protection to get a Will put in place. This is known as a Statutory Will and is especially helpful if a person has died intestate (without a will).
These applications are very specialised. Our team have lots of experience in making these applications. They can guide you through the process and make sure that any proposals made are reasonable and likely to be accepted by the Court.
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