Court Of Protection
The purpose of the Court of Protection is to look after the affairs of those who do not have the mental capacity to do so themselves.
In an ideal world, every one of us should have made a Lasting Power of Attorney to cover and protect against the possibility that we may at some point lose our mental capacity.
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Applications To The Court Of Protection
However, if a person has not made a Lasting Power of Attorney, and then lose their mental capacity, this is when it will be very difficult, if not impossible for that person’s family to handle and deal with their financial affairs. Often, the only way for a person’s family to handle a person’s financial affairs will be for the family to apply to the Court of Protection to be given legal authority to do so.
Appointment Of A Deputy To Manage A Persons Financial Affairs
If an application is made to the Court of Protection, then the court will appoint a person called a “Deputy” to manage that persons financial affairs – this is often a family member but when no family member is willing or available, then the Court will appoint a Panel Deputy, this is normally a specialist solicitor.
The Application Process
The procedure for making an application is lengthy, complicated and costly. This involves obtaining medical report, providing declarations as to the proposed Deputy’s ability to act, and providing full details relating to the persons financial and personal affairs.
If a person who has lost their mental capacity needs to sell their home then a further application to the Court of Protection needs to be made in respect of the sale and this will need to be lodged with the application for the appointment of the Deputy.
We Can Help
If your loved one has lost their mental capacity and an application needs to be made to the Court of Protection, then we can help. We at Seatons can deal with all the paperwork and legal issues that arise. We will try to make the procedure as stress-free as possible.