Court of Protection Solicitors
The purpose of the Court of Protection is to look after the legal and financial affairs of those who do not have the mental capacity to do so themselves.
If you need to make an application to the court of protection, then solicitors who deal with the court of protection can be of help.
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Court Of Protection Involvement
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.
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.
If your loved one is no longer able to make important decision regarding the health or financial matters due to lacking mental capacity and they have not made a lasting power of attorney, then the court of protection can make decision and appoint a deputy to do this for them. It can often be in your best interests to use court of protection solicitors who deal with this legal area on a regular basis.
What Is Deputyship?
Throughout the application a solicitor will help you to make the best decision in deciding is best for you and your loved one. There are two types of deputy. You can apply for:
- A deputy for financial and property affairs
- A personal welfare deputy, who will manage all issues regarding healthcare.
The Application Process
The procedure for making an application to the court of protection 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. There are multiple forms for the application you wish to apply for instructing a solicitor will make sure that all the necessary paperwork and information is filed so the application isn’t delayed.