Our Personal Legal Services solicitors advise upon all Court of Protection applications from deputyship applications to statutory wills.
The Court of Protection makes financial or welfare decisions on behalf of people who lack the mental capacity to make those decisions themselves.
An application to the Court of Protection could be necessary where there is a major disagreement as to what may be in the best interests of a person who lacks mental or testamentary capacity. This could be a disagreement between family members or a disagreement between family members and a local authority who is responsible for meeting the needs of the person lacking mental capacity.
Decisions that can be referred to the Court of Protection include decisions relating to where a person should live, whether they should have contact with an individual who may pose a risk to them and decisions relating to the control and management of property, assets and affairs generally.
The Court of Protection also deals with such matters as statutory Wills or the making of gifts to loved ones and/or appointing a deputy to manage a person’s affairs in the absence of a Lasting Power of Attorney or Enduring Power of Attorney.
Our Personal Legal Services lawyers can guide you in relation to what is required in individual circumstances and can make any necessary applications on your behalf or on the behalf of the person lacking mental capacity. Our Personal Legal Services lawyers also advise family members who have received notice of an application being made to the Court of Protection by another family member or a local authority.
